Smt. Laxmi Debi Gupta (Goel) vs Sri Anup Kumar Kundu & Ors
2023 Latest Caselaw 5116 Cal

17.08.2023 Sl. No.7(DL) srm

C.O. No. 1568 of 2023

Smt. Laxmi Debi Gupta (Goel)

Versus

Sri Anup Kumar Kundu & Ors.

Mr. Arijit Sarkar, Ms. Prajaaini Das ...for the Petitioner.

Mr. Aritra Basu, Ms. Anshumala Bansal, Ms. Prarthan Singha Roy ...for the Opposite Parties.

The revisional application has become infructuous in

view of the subsequent orders passed by the learned Civil

Judge (Junior Division), Bidhannagar, North 24-Parganas, in

Title Execution Case No.02 of 2021.

It appears that on an application under Rule 208 of the

Civil Rules and Orders, police help was granted to the decree-

holder to take possession of the property. The said order is

under challenge before this Court.

It is submitted that the possession has been taken by the

decree-holder. The property has been demolished.

The application filed by the judgment-debtor for an

injunction restraining demolition has been rejected and the

application for stay of all further proceedings in execution case

has also been rejected.

It is also submitted that an application under Order IX

Rule 13 of the Code of Civil Procedure has been filed for

setting aside the ex parte decree and a first appeal has also been

filed against the said ex parte decree.

The petitioner is at liberty to pray for necessary interim

orders before the appropriate court. Further, the petitioner's

remedies under the Civil Procedure Code under such fact

situation are left open.

Although, this Court is of the view that the application

under Rule 208 was not the proper course available to the

decree-holder seeking police help for execution of the decree

but at this stage, when further developments have taken place

and the decree-holder has taken possession, the question of

setting aside such order and granting an interim protection

would not arise. The petitioner will have to approach the

appropriate forum for necessary reliefs. If any application is

filed seeking protection of the property to the effect that third

party interests are not created till the lis is decided, such

application shall be taken up and disposed of by the learned

court below.

The revisional application is disposed of without any

interference.

There shall be no order as to costs.

Parties are to act on the basis of the server copy of this

order.

(Shampa Sarkar, J.)