Debashish Biswas And Ors vs Anindya Saha And Anr
2025 Latest Caselaw 1855 Cal/2

Calcutta High Court

Debashish Biswas And Ors vs Anindya Saha And Anr on 19 June, 2025

OD-14

                   IN THE HIGH COURT AT CALCUTTA
                ORIDINARY ORIGINAL CIVIL JURISDICTION
                            ORIGINAL SIDE

                              EC/60/2024
                            WITH CS/80/1996

                      DEBASHISH BISWAS AND ORS
                                 VS
                        ANINDYA SAHA AND ANR

BEFORE:
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date : 19th June, 2025.

                                                                      APPEARANCE:
                                                              Mr. Rupak Ghosh, Adv.
                                                         Mr. Jayanta Sengupta, Adv.
                                                                Mr. Arnab Dutt, Adv.
                                                 ...for the decree-holder/petitioners

                                                            Mr. Asik Banerjee, Adv.
                                                              Mr. Ayan Dutta, Adv.
                                                            Mr. Rajib Mullick, Adv.
                                                           Ms. Ayantika Saha, Adv.
                                                               ...for the respondent

1. Learned Advocate for the petitioners/decree-holder and learned

Advocate for the judgment debtor/opposite parties are present.

2. Learned Advocate for the judgment debtor/opposite party prays for

another adjournment on the ground that the appeal was dismissed

for default and the restoration application is yet to be disposed and

the matter will appear before the learned Appellate Court.

3. Upon perusal of the order dated 10th June, 2025, it appears that on

the prayer of the learned Advocate for the judgment debtor the matter

was adjourned till 19th June, 2025 granting opportunity to the

judgment debtor/opposite party to obtain necessary orders from the

appeal Court. But as of today the position is the same and there is no

specific order from the Appeal Court by which this Court will further

adjourn the matter or stay the proceedings.

4. Upon hearing the learned Advocates, this Court is of the view that

necessary orders should be passed.

5. Thus, a writ of possession be issued by removing the judgment

debtor, their men, agents and servants in occupation of the suit

property mentioned in the Schedule of the Tabular statement and

recovery of khas and vacant possession.

6. Let the Sheriff take necessary steps and submit the report.

7. Let this matter appear on 15th July, 2025 for report of the Sharif.

8. It is, however, made clear that if the parties may think fit they may

obtain necessary orders from the Appeal Court on or before 3 rd July,

2025 and till that date, this order shall remain stay.

9. In the event no specific orders are obtained on or before 3 rd July,

2025 the Sheriff shall proceed to implement this order.

(BISWAROOP CHOWDHURY, J.)

gb.