Asha Bansal And Others vs Sunita Tandon
2025 Latest Caselaw 1242 Cal/2

Calcutta High Court

Asha Bansal And Others vs Sunita Tandon on 20 February, 2025

                                                                      OD-9

                 IN THE HIGH COURT AT CALCUTTA
             ORIDINARY ORIGINAL CIVIL JURISDICTION


                           EC/73/2024
                     ASHA BANSAL AND OTHERS
                               VS.
                         SUNITA TANDON


BEFORE:
The Hon'ble Justice PARTHA SARATHI SEN
Date : 20th February, 2025.

                                                            APPEARANCE:

                                               Mr. Meghnad Dutta, Adv.(VC)
                                                Mr. Rajesh Upadhyay, Adv.
                                                 Ms. Surabita Biswas, Adv.
                                              ...for Decree-holders/plaintiffs


1.

At the very outset, the learned advocate appearing on behalf of

the decree-holders/plaintiffs, draws attention of this Court to the

certified copy of the decree which is sought to be executed by

filing the instant execution case. It reveals that the learned Trial

Court has passed an order and decree directing the defendant,

the judgment-debtor herein, to vacate and hand over peaceful

possession of the decretal premises to the plaintiffs. It reveals

from internal page 7 of the said certified copy of the decree that

the Schedule of the decretal property has been mentioned.

2. It is submitted by the learned advocate appearing on behalf of the

decree-holders that since the judgment-debtor has failed and

neglected to deliver up the khas and vacant possession of the

decretal property to the decree-holders, the instant execution case

has been filed and thus, the seal bailiff of this Court may be

directed to hand over khas possession of the decretal property,

subject to payment of the requisite costs to be assessed by the

department.

3. In considered view of this Court, the prayer as made on behalf of

the decree-holders appears to be innocuous one. In view of such,

the seal bailiff of this Court is hereby directed to hand over khas

and vacant possession of the decretal property forthwith,

particulars of which have been mentioned at page 7 of the

certified copy of the decree. The department is directed to assess

the cost in this regard within a week from the date of

communication of the server copy of this order. Liberty is given to

the decree-holders to deposit such costs within seven days

thereafter.

4. Leave is granted to the decree-holders to make necessary

correction in the Tabular Statement.

5. Let the matter appear under the same heading on 27 th March,

2025 for further consideration.

6. The report of the seal bailiff is to be filed on or before the

adjourned date.

[PARTHA SARATHI SEN, J.]

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