Citation : 2025 Latest Caselaw 712 Cal/2
Judgement Date : 6 January, 2025
O-1
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
EC/2/2024
IN CS/274/2017
SMT. SUCHITRA CHATTERJEE AND ORS.
VS.
SRI ARUN KUMAR GANGOLY.
BEFORE:
The Hon'ble DR. JUSTICE AJOY KUMAR MUKHERJEE
Date: 6th January, 2025.
Appearance:
Mr. Rajesh Upadhyay, Adv.
Ms. Debasree Dhamali, Adv.
...for Decree Holder.
The Court : Perused the report submitted by the Bailiff dated 18th
November, 2024 wherefrom it appears that in obedience to the order of this
Court, the Bailiff went to the premises but could not deliver possession to
the decree holder as he found that the premises in question was under lock
and key and the judgment debtor on intimation submitted that he has no
keys to unlock the padlock and he has no objection as well if the padlock
needs to be broken.
Accordingly, the decree holder has sought for a direction upon the
Bailiff to break open the padlock and to hand over possession of the suit
garage to the decree holder in terms of prayer (a) of the application in
tabular form.
Having considered the report submitted by the Bailiff, the prayer is
considered and allowed. The Bailiff will be at liberty to unlock the padlock
by breaking open the same and to hand over possession of the suit garage
in favour of the decree holder and to submit a report at the earliest,
preferably within a period of six weeks from the date of communication of
this order.
Let the matter be listed eight weeks hence.
(DR. AJOY KUMAR MUKHERJEE, J.)
KB
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