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2026 DAILYLAW 36503 (CAL)

DIPANKAR DAS AND ORS v. ADARSHA VIDYALAYA, JANBAZAR AND ANR

CO/2391/2026 · 2026-08-17

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 6 (265719) 17.08.2026 (A 34) (S. Banerjee) CO 2391 of 2026 Dipankar Das & Ors. Vs. Adarsha Vidyalaya, Janbazar & Anr. Mr. Saptanshu Basu, Sr. Advocate Mr. Hemanta Kumar Das …for the petitioner Mr. Basu, learned Senior Advocate appearing for the petitioner submits that the suit for eviction was initially decreed on February 28, 2017 and such decree was set aside on a Misc. Case filed by the opposite-parties under Order 9 Rule 13 of the Civil Procedure Code and thereafter upon a contested hearing the suit was again decreed on May 20, 2022. The opposite-parties unsuccessfully challenged the said decree in Title Appeal No. 21 of 2022. The Second Appeal filed by the opposite-parties against the judgment and decree dismissing the Title Appeal was also dismissed on August 30, 2023. Mr. Basu submits that the decree was put into execution giving rise to Ejectment Execution Case No. 87 of 2022. He submits that the judgment- debtors/opposite-party no. 1 have already submitted an undertaking in the executing court to deliver possession of the decreetal premises within a specified time, but till date the judgment- 2 debtor/opposite-party no. 1 has not vacated the decreetal property. He further submits that thereafter the opposite-party no. 2 filed a Misc. Case under the provisions of Order 21 Rules 97 to 101 of the Civil Procedure Code which was registered as Misc. Case No. 129 of 2024. He submits that the said misc. case is still pending and a direction be passed upon the learned Judge of the executing court to dispose of the misc. case expeditiously. He further submits that the said misc. case is otherwise ready for hearing and today is the date fixed for hearing of the said misc. case. In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite parties. However, the learned advocate-on-record of the petitioners shall be obliged to forward a copy of this application along with a server copy of this order, upon the opposite parties or upon the learned advocate representing them before the learned trial judge forthwith. In the light of the submission made by the learned advocate appearing for the petitioners this revisional application stands disposed of by requesting the learned Judge, 6th Bench, Presidency Small Causes Court at Calcutta to take up the hearing of the Misc. Case no. 129 of 2024 on the next date fixed, if the same is otherwise ready for hearing, 3 and to dispose of the same as expeditiously as possible, preferably within a period of four months from the next date fixed, without granting any unnecessary adjournment to either of the parties. The time limit has been fixed considering the fact that the suit for eviction was filed sometime in the year 2014 and the execution case is still pending. (Hiranmay Bhattacharyya, J.)