BHASKAR SARDAR vs SAMIR KUMAR PAL & ORS.

The opposite party nos. 1 and 2 filed a suit, bearing Title Suit No. 38 of 2008, under Section 6 of the Specific Relief Act, before the Civil Judge (Senior

Division), First Court at Baruipur, against the present petitioner. Although the said suit was initially dismissed twice, on both occasions such orders of

dismissal were set aside in revision by this Court and the matter remanded to the trial court. Ultimately, the opposite parties got a decree in the said

suit, challenging which the petitioner preferred a civil revisional application, which was dismissed. The petitioner moved the Supreme Court against

such order of dismissal, where such challenge was disposed of by granting the petitioner liberty to institute a regular civil suit.

Pursuant to such liberty, the petitioner has preferred Title Suit No. 25 of 2018, which is now pending before the same Court, that is, the First Court of

Civil Judge (Senior Division) at Baruipur.

Upon an application for injunction being moved in connection with the later suit, the same was postponed to June 14, 2018. Such fact is evident from

a photocopy of an information slip annexed to the present revisional application (Annexure-E thereto).

Under such circumstances, the petitioner, on February 19, 2018, filed a petition for stay of the execution case. Vide order No. 26 dated February

19, 2018, the executing court, instead of considering the ad interim prayer for stay made in such application, merely directed the case record to be put

up before the regular Presiding Officer. Thereafter, no order has been passed on the said stay application. By the impugned order, being order no.

29 dated March 20, 2018, the executing court fixed April 02, 2018 as the date for executing the writ of possession with the help of police.

The aforesaid situation apparently has precipitated due to a cease work called by the local Bar at the Baruipur Court, for which neither the injunction

application of the petitioner filed in Title Suit No. 25 of 2018, nor the application for stay filed in Title Execution Case No. 3 of 2016 are being taken

up, even for the purpose of passing ad interim orders.

As it appears from the above circumstances, it would be a travesty of justice in the event the eviction decree against the present petitioner is executed

without the petitioner getting an opportunity of being heard, even for the purpose of obtaining an ad interim order, either on the injunction application or

on the stay application filed by the petitioner, as indicated above.

As such, since sufficient prima facie case has been made out by the petitioner, all further proceedings of Title Execution Case No. 3 of 2016 pending

before the Civil Judge (Senior Division), First Court at Baruipur, District- South 24-Parganas, arising out of Title Suit No. 38 of 2008 will remain

stayed till April 30, 2018 or until further orders, whichever is earlier.

It is made clear that the merits of the matter have not been gone into but an ad interim order is being granted only to save the judicial system the

ignominy of letting litigant be evicted without getting an opportunity of being heard on his injunction and/or stay application.

The petitioner will immediately serve a copy of this revisional application upon the opposite parties and intimate the opposite parties of the present

order.

The matter will next appear in the combined monthly list of April, 2018 for hearing.

Affidavit of service will be filed by the petitioner on the next date of hearing.