Calcutta High Court (Appellete Side)
7 Smt Bijaya Ghosh & Ors vs Sri Pravat Ghosh & Ors on 5 September, 2022
27 05.09. C.O. 1959 of 2022
RKB
AGM
Ct
07 Smt Bijaya Ghosh & Ors
Vs
Sri Pravat Ghosh & Ors
Mr. Amal Krishna Saha,
Mr. Sauvik Sarkar,
... For the petitioners.
Mr. Debjit Mukherjee,
Ms. Susmita Chatterjee,
... For the opposite parties.
The subject matter of challenge in this revisitional
application is against the order dated 5th May, 2022
passed by learned Civil Judge (Junior Division), 7th
Court, Howrah in Misc Case No. 14 of 2013 arising out
of Title Execution Case No. 1 of 2011 having reference
to Title Suit No. 12 of 2005 granting stay of such Misc
case.
Mr. Amal Krishna Saha, learned advocate
appearing for the petitioners/decree holder at the very
threshold of this case submits, adhering to the order
dated 19th August, 2019, that the prayer for stay has
already been rejected by the selfsame Court earlier.
Mr. Saha contends that the Court below being
oblivious of his previous rejection of stay order, again
stay has been granted mechanically and unconditionally
without even granting any occupational charges.
It is thus submitted by Mr. Saha that unqualified
stay order being granted, would cause decree holder to
face undue hardship, and the execution of the decree
may be delayed for not fault on the party of the
petitioners/decree-holder.
Per Contra, Mr. Debjit Mukherjee, learned
advocate appearing for the judgment debtor/opposite
parties submits that appeal has already been preferred,
being Title Suit No. 149 of 2016, against the decree
passed in Title Suit No. 12 of 2005, which is still
pending, and in connection therewith neither the stay
application, nor the application for condonation of delay
filed by the opposite parties under Section 5 of the
Limitation Act has yet been disposed of. The previous
rejection of the stay, according to Mr. Mukherjee is
relatable to the execution case, while the present stay
order granted by the Court below pertains to pending
Misc case.
Be that as it may, there has been a previous
rejection of stay order to stall execution proceeding by
order dated 19th August, 2019. It is also true that there
is an appeal preferred against the decree passed in Title
Suit No. 12 of 2005, and an application for condonation
of delay under Section 5 of the Limitation Act, together
with the prayer for stay is also pending before the
appellate Court.
The situation as it stands now, the Misc case no.
14 of 2013 filed under Section 47 CPC, if disposed of, in
an expeditious manner, that would streamline the entire
controversy surfaced at the moment pertaining to the
stay order being granted in the referred Misc case.
The revisional application is thus disposed of
directing learned Civil Judge (Junior Division), 7th
Court, Howrah in Misc Case No. 14 of 2013 to ensure
expeditious disposal of referred Misc case, providing
sufficient opportunities of hearing to either of the
parties to this case, but without granting unnecessary
adjournments, unless it is extremely unavoidable.
While endeavouring such exercise, the referred
Misc case may be disposed of preferably within six
months from the date of communication of this order,
excluding the period of puja vacation to be intervened
in the Trial Court.
This would not, however, prevent the petitioner to
seek for occupational charges, if any, in accordance
with law, either in connection with the pending Misc
case or in the pending appeal.
Since it is not a suit for eviction, the Court below
has every right to decide the issue of occupational
charges, if raised in accordance with law, giving an
opportunity of hearing to the either side.
Parties are directed to make communication of
this order to the learned court below.
With this observation and direction, the revisional
application stands disposed of.
Urgent photostat certified copy of the order, if
applied for, be given to the parties on usual
undertakings.
(Subhasis Dasgupta, J)
