Sri Prabhat Kr. Das @ Provat Kr. Das ... vs Sri Bhagwan Lal Shaw
2023 Latest Caselaw 1559 Cal

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
02.03.2023

SL No.32

Ali

C.O. 450 of 2022

Sri Prabhat Kr. Das @ Provat Kr. Das & Ors.

Vs.

Sri Bhagwan Lal Shaw

Mr. Shubham Gupta, Mr. Supriyo Ranjan Saha .......................for the petitioners.

This revisional application under Article 227

of the Constitution of India has been filed by

petitioner-decree holder challenging order dated 5

September 2019 passed by learned Civil judge

(Junior Division), 2nd Court, Sealdah in Misc Case

no. 200 of 2018.

Mr Shubham Gupta, learned advocate for the

petitioner submits that suit for eviction filed by

petitioner-plaintiff was decreed ex parte against the

opposite parties. The opposite parties thereafter filed

application under Order IX Rule 13 of the Civil

Procedure Code for setting aside such ex parte

decree being Misc Case no. 200 of 2018. In the said

Misc case the judgment- debtor prayed for stay of

execution proceedings being Ejectment Execution

Case no. 3 of 2017 initiated at the instance of the

decree-holder. The decree-holder also filed an

application for fixation of occupational charges. The

learned trial court while granting stay of execution

proceedings failed to fix occupational charges. By

order dated 21st February 2022 passed in C.O 2602

of 2019 liberty was given to the petitioner to

challenge the impugned order. Hence this revision.

It is found that the petitioners have able to

raise a primary issue in the present revisional

application.

Learned advocate for petitioner does not press

for stay of the impugned order at this stage and

seeks liberty to serve copy of the application upon

the opposite parties.

Petitioners are directed to serve copy of this

application upon the opposite parties through speed

post with acknowledgement and file affidavit-of-

service of the returnable date.

Let the matter appear on 23rd March 2023

under the heading 'Adjourned Motion'.

(Bivas Pattanayak, J.)