Nihar Law & Anr vs Ashok Kumar Shaw & Ors
2023 Latest Caselaw 1894 Cal

IN THE HIGH COURT AT CALUTTA Civil Revisional Jurisdiction 22.03.2023 Appellate Side SL No.80

Ali

C.O. 2608 of 2022

Nihar Law & Anr.

Vs.

Ashok Kumar Shaw & Ors.

Mr. Sounak Mukhopadhyay, Mr. Sayantan Bose, Mr. S. Paul ...........for the petitioners.

This is an application under Article 227 of

the Constitution of India for a direction for

expeditious disposal of Miscellaneous Case No.1610

of 2018 in Title Execution Case No. 101 of 2017

pending before learned 10th Bench, City Civil Court

at Calcutta.

Mr. Sounak Mukhopadhyay, learned

advocate for the petitioners submits that the decree

of eviction was passed in favour of the petitioners by

the trial court by judgment and decree dated 28th

August, 2017. On 13th July 2018 the Executing

Court passed order for delivery of possession of the

premises by the seal bailiff, however the seal bailiff

failed to take possession. In the execution

proceeding the decree holder filed application being

Miscellaneous Case no. 1610 of 2018 seeking police

help for taking delivery of possession. The judgment

and decree was assailed in appeal by defendants-

opposite parties. The operation of the decree was

stayed for a period of fortnight subject to payment of

occupational charges. The stay was vacated by this

Hon'ble Court in appeal. He prays for appropriate

order for expeditious disposal of Miscellaneous Case.

Upon hearing the learned advocate for the

petitioners it appears that the matter needs to be

heard in presence of the opposite parties.

Petitioners are directed to serve copy of this

application upon the opposite parties as well as

their learned advocates in the court below by

registered Speed Post with Acknowledgement Due

and file affidavit-of-service on the returnable date.

Let the matter appear after two weeks under

the same heading.

(Bivas Pattanayak, J.)