Shivani Properties Pvt. Ltd vs Rajeev Lochan
2024 Latest Caselaw 1690 Cal/2

Calcutta High Court

Shivani Properties Pvt. Ltd vs Rajeev Lochan on 7 May, 2024

OD 2
                            ORDER SHEET
                        EC 520 of 2019
                       IA GA 1 OF 2023
                         GA 2 OF 2023
                         GA 3 OF 2024
                         GA 4 OF 2024
               IN THE HIGH COURT AT CALCUTTA
             ORDINARY ORIGINAL CIVIL JURISDICTION
                        ORIGINAL SIDE

                        SHIVANI PROPERTIES PVT. LTD.
                                  Vs.
                           RAJEEV LOCHAN

BEFORE:
The Hon'ble JUSTICE APURBA SINHA RAY
Date : 7th May, 2024.

                                Mr. Krishnaraj Thaker, Adv.
                                Mr. Rahul Karmakar, Adv.
                                Ms. Arunima Lala Sengupta, Adv.
                                Mr. Suman Majumder, Adv.
                                Mr. Sounak Mukherjee, Adv.
                                      ....for the decree-holder
                                Mr. Pratip Mukherjee, Adv.
                                    ...for the judgment-debtor
                                Mr. Aritra Basu, Adv.
                                    ...for the applicant

     The Court: Learned counsel for all the parties have almost

completed their submission in respect of G.A 2 of 2023.

     Learned counsel for the petitioner Usha Devi has drawn attention

of this Court to the order dated 16th August, 2022 of the Hon'ble

Division Bench wherein the Hon'ble Division Bench has been pleased

to dispose of the relevant appeal by giving the following direction :

     "In those circumstances, we dispose of this appeal with the

observation that there is no flaw in the impugned decree. We affirm
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the same as long as it binds the respondent/plaintiff and the

appellant/defendant and is restricted to eviction of the appellant from

the suit premises and for other consequential reliefs like mesne profit

etc. as granted therein."

Learned counsel appearing for the petitioner has further argued

that the said decree is binding against the son of Usha Devi and

further his son did not intimate her the relevant eviction proceeding in

which he suffered a decree. I find merits in the submission of the

learned counsel, Mr. Basu.

Learned Receiver's report shows that the judgment-debtor

namely, Rajeev Lochan is still occupying the premises.

Learned counsel appearing for the judgment-debtor, Mr. Pratip

Mukherjee has submitted that he shall abide by the condition as

contained in the order dated 16th August, 2022 and he shall not

occupy the suit premises hereinafter.

The petitioner Usha Devi is directed to submit an undertaking

that she shall not allow her son, Rajeev Lochan to occupy the suit

premises from date. Learned counsel for the petitioner has submitted

that he will take instruction from her client.

List this matter on 13th May, 2024 for further hearing and order.

(APURBA SINHA RAY, J.) TR/