Item- A- 217. sg 07-08-2026 Ct. 6 CO 1767 of 2026 Sudsons Private Limited Versus Sabyasachi Sen & Ors. [ Mr. Gopal Chandra Ghosh, Sr. Adv. Mr. Nabakumar Karmakar Mr. Rajkrishna Mondal Dr. Suravi Ghosh Ms. Sunandana Saha …for the petitioner Mr. Kaushik Dey Mr. Debdipto Banerjee Mr. Abhik Kundu …for the respondents This application under Article 227 of the Constitution of India is at the instance of the judgment debtor and is directed against an order dated 7th May, 2026 passed by the learned Civil Judge (Sr. Division), 2nd Court at Barasat in Misc. Case NO. 95 of 2022 arising out of Title Execution Case No. 19 of 2019. By the impugned order, the evidence of the OPW-2, which was fixed on 7th May, 2026 as a last chance, stood closed and a date was fixed for argument of the misc. case. Mr. Ghosh, learned Senior Counsel appearing for the petitioner draws the attention of the Court to a notice issued under Section 3(1) of the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962 issued by the Sub- Divisional Officer, Barackpore, North 24 Parganas directing the petitioner to appear before the authority, failing which the matter shall be decided ex parte and further action will be taken in accordance with law including the eviction from the said premises. He submits that the petitioner filed an application for issuance of summons to the said witness through court. Mr. Ghosh submits that without considering 2 the said application, the learned Judge of the Executing Court, rejected the same. Mr. Dey, learned advocate appearing for the opposite parties submits that the opposite parties obtained a decree for eviction against the petitioner therein on the ground of expiry of lease by efflux of time. He submits that the execution of the said decree has been stalled by the petitioner by raising frivolous objection against the execution of the said decree. Heard the learned advocates for the respect parties and perused the materials placed. Record reveals that a notice under Section 3(1) of the West Bengal Public Land (Eviction of Unauthorised Occupants) Act, 1962 was issued by the Sub-Divisional Officer, Barrackpore, North 24 Parganas directing the petitioner to appear before the authority and failing which the matter would decide ex parte and action will be taken against the petitioner including the eviction of the petitioner from the said land. The petitioner challenged the order rejecting an application under Section 47 of the Code of Civil Procedure before this Court in CO 3566 of 2025. The coordinate Bench by an order dated 29th October, 2025 disposed of the said application with certain observations. Mr. Ghosh would strenuously contend that the coordinate Bench gave opportunity to the petitioner to raise the issue of vesting before the Executing Court and if such issue is raised, the Executing Court shall take note of the same and to decide such issue. 3 It appears from the order dated 29th October, 2025 passed by the coordinate Bench in CO 3566 of 2025 that the State has made an application in the execution proceeding for adjudication of its right in respect of the premises on the ground of vesting under the provisions of the 1954 Act. The coordinate Bench specifically observed that the issue of vesting is an independent cause and is not linked with the right claimed by the petitioner. The petitioner was a lessee and he was inducted into the said property by the opposite party herein as the lessee. The petitioner suffered a decree for eviction. It is well-settled that the lessee is estoppped from challenging the title of the inducting lessor in view of the provisions of section 116 of the Evidence Act corresponding to Section 122 of the Bharatiya Sakshya Adhiniyam, 2023. Since the State has already applied in the execution proceeding on the ground of vesting under the provisions of the 1954 Act, this Court is not inclined to interfere with the order impugned. The learned Executing Court is requested to dispose of the Misc. Case No. 95 of 2022 without granting any unnecessary adjournments to either of the parties keeping in view the direction passed by the Hon’ble Supreme Court in the recent decision directing the Executing Court to dispose of the execution proceeding within a stipulated timeframe. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all formalities. (Hiranmay Bhattacharyya, J.)