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2026 DAILYLAW 26669 (CAL)

MANIK BASU @ MANIK DAS v. DIPANKAR SINGHA

CO/1016/2026 · 2026-07-02

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L- 668 02/07/2026 Ct. No.- 6 Aritra C.O. 1016 of 2026 Shri Manik Basu @ Manik Das Vs. Shri Dipankar Singha Mr. Aurin Chakraborty Mr. Amitabrata Hait ….for the petitioner Mr. Sukanta Das ….for the opposite parties This application under Article 227 of the Constitution of India is at the instance of the defendant in a suit for eviction praying for a direction upon the learned Civil Judge (Sr. Div.), Arambagh, District-Hooghly to dispose of the Title Appeal No.27 of 2024 expeditiously. Mr. Chakraborty, learned advocate appearing for the petitioner submits that challenging the eviction decree passed by the learned trial judge the petitioner has preferred an appeal. In connection with the said appeal an application for stay of all further proceedings of the execution case has been taken out. He further submits that the hearing of the application for stay is being kept pending for a long time. The learned advocate appearing for the opposite parties submits that the hearing of the appeal be expedited. He further submits that the opposite parties also have a right to claim the occupation charges as a condition for stay. Since an application for stay of the execution case is pending, this Court is of the considered view that such 2 application should be taken up for hearing and disposed of prior to taking up the hearing of the appeal. Accordingly, CO 1016 of 2026 stands disposed of by requesting the learned Civil Judge (Sr. Div.), Arambagh, District-Hooghly to take up the hearing of the stay application on the next date fixed, if the same is otherwise ready for hearing and to dispose of the same as expeditiously as possible but preferably within a period of 6 weeks from the next date fixed. Considering the fact that the date of execution has been fixed prior to the next date fixed in the appeal, it would be open to the petitioner to pray for an adjournment before the Executing Court. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)