Sri Sri Iswar Gajalakshmi Mata ... vs Marshall Sons And Company (India) ...
2025 Latest Caselaw 18 Cal/2

Calcutta High Court

Sri Sri Iswar Gajalakshmi Mata ... vs Marshall Sons And Company (India) ... on 1 May, 2025

OD-5
                                ORDER SHEET

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE

                                 EC/309/2019

                  IA NO: GA/1/2021, GA/2/2021, GA/10/2022,
                           GA/11/2022, GA/15/2024

         SRI SRI ISWAR GAJALAKSHMI MATA THAKURANI AND ORS.
                                 VS
         MARSHALL SONS AND COMPANY (INDIA) LIMITED AND ORS.


  BEFORE:
  The Hon'ble JUSTICE BISWAROOP CHOWDHURY
  Date : 1st May, 2025

                                                                            Appearance:
                                                              Mr. Abhrajit Mitra, Sr. Adv.
                                                                Ms. Radhika Singh, Adv.
                                                              Mr. Sourojit Dasgupta, Adv.
                                                                 Mr. Samriddha Sen, Adv
                                                                  ...for the decree-holders

                                                              Mr. Sarosij Dasgupta, Adv.
                                                        Mr. Biswaroopo Mukherjee, Adv.
                                                             Mrs. Smita Mukherjee, Adv.
                                                                    Ms. Saheli Bose, Adv.
                                                              ...for the judgment-debtors

                                                                Mrs. Iram Hassan, Adv.
                                                              Mr. Sanket Sarawgi, Adv.
                                                      Mr. Himanshu Bhawsingnka, Adv.
                                                              ...for the respondent no.1

Mr. Sushil Kr. Mishra, Adv.

Mr. Shailendra Kr. Mishra, Adv.

Mrs. Sabnam Laskar, Adv.

...for the respondent no.2

Mr. Satyaki Mukherjee, Adv.

Mr. Lalit Baid, Adv.

Ms. Sanjana Shaw, Adv.

...for the Add. Party in GA/10/2022 & GA/11/2022

1. Mr. Mitra, learned Advocate for the decree-holders/petitioners is

present.

2. An application being GA/1/2021 is filed praying for a direction upon

Sheriff of Calcutta to visit the said suit premises and hand over khas

vacant and peaceful possession to the decree-holders.

3. Mr. Mitra submits that his client is pressing for handing over

possession of those areas where no application under Order XXI Rule

97 of the Code of Civil Procedure is pending and where the order has

reached its finality. Although, learned Advocate for the judgment-

debtors is present, but he submits that the decree has reached its

finality till the Apex Court.

4. Upon hearing the learned Advocate for the petitioner and considering

the facts of the case this Court is of the view that necessary direction

upon the Sheriff should be passed. Hence, the sheriff is directed to visit

the premises no.33/1, Netaji Subhas Road, Kolkata-700001 and hand

over vacant and peaceful possession of the said premises to the decree-

holders and/or their authorized representatives. Thus, let there be an

order in terms of prayer (a) of the Master's Summons dated 28th May,

2021. The sheriff shall hand over the vacant possession within a period

of two weeks and submit report by 15th May, 2025.

5. Learned Advocate who is appearing for the applicant in GA/10/2022

and GA/11/2022 submits that as because an appeal is pending, he

shall pursue his appeal within the said period of three weeks and

submit necessary orders from Appeal and prays for stay of this order for

the said period.

6. It is hereby made clear that the Sheriff may visit the suit property

after 7th May, 2025 to enable the aggrieved parties to move before the

Appeal Court.

7. Sheriff report shall be circulated to the parties.

8. Copy of this application may be served upon the opposite parties.

9. As applicant of GA/15/2024 is not a party in GA/1/2021, at this

stage copy is not required to be served.

(BISWAROOP CHOWDHURY, J.)

S. A. AR(C R)