Mrs. Sita Nayak & Ors vs Sri Gobinda Charan Pyne & Ors
2022 Latest Caselaw 1021 Cal

07.03.2022
Sl. 4                  (Via Video Conference)
Ct.No. 03
Amalranjan
                IN THE HIGH COURT AT CALCUTTA
                 CIVIL APPELLATE JURISDICTION
                        APPELLATE SIDE

                            FA 208 of 2014

                               With
           CAN 1 of 2014 (Old CAN 11569 of 2014) (stay )
                               With
        CAN 2 of 2019 (Old CAN 11986 of 2019) (substitution)


                       Mrs. Sita Nayak & Ors.
                                 Vs.
                  Sri Gobinda Charan Pyne & Ors.


                Mr. Kaushik Dey
                                                 ... for the appellants
                Mr. Anirban Paul
                Mr. Subhankar Das
                                                ...for the respondents

Re: CAN 1 of 2014 (Old CAN 11569 of 2014) (stay) With CAN 2 of 2019 (Old CAN 11986 of 2019) (substitution)

This an intended appeal against the

judgment and decree dated 28th April, 2014

dismissing the suit of the appellants/plaintiffs

holding them to be "rank trespassers". In that

suit the respondents/defendants had counter-

claimed for eviction of the appellants and for

recovery of possession of the subject property,

which was also decreed following the said order.

We are told that an independent appeal

from that decree by the appellants is pending in

this court (FAT 49 of 2020).

On examination of the impugned judgment

and order, we find that it is a very well reasoned

one after narrating and analysing the relevant

facts and issues involved. We find no reason to

interfere with the same.

The appeal is hereby dismissed.

At this point of time, learned counsel for the

appellants submits on instruction that six

months be given to his clients to vacate the

subject premises.

We consider this submission as fair as it

was made on a proper understanding of the

ultimate legal result. This fair submission also

curtails unnecessary litigation to obtain legal

possession of the property by the respondents.

On the undertaking of the appellants

expressed by their learned counsel not to

proceed with the other appeal (FAT 49 of 2020)

against the order of eviction and to vacate the

suit property by 15th September, 2022 by

delivering peaceful possession to the

respondents. They are given time to vacate the

subject property by 15th September, 2022. The

execution proceeding before the court below

would remain suspended till that date.

The above undertaking by the appellants

shall be reduced into writing in the form of an

affidavit and filed in the department by 16th

March, 2022.

A copy thereof is to be furnished to the

advocate on record for the respondents.

In default of filing the undertaking or

vacating the suit property by 15th September,

2022 the respondents shall mention the matter

before the court below and would be free to

execute the decree immediately.

The appeal (FA 208 of 2014) and the

applications CAN 1 of 2014 (Old CAN 11569 of

2014) and CAN 2 of 2019 (Old CAN 11986 of

2019) are, accordingly, disposed of.

( Aniruddha Roy,J. ) ( I. P. Mukerji,J. )