K. Sreerama Murty vs Deepak Lal

Affidavit of service filed in Court today be kept with the record.

The plaintiff/decree holder in a suit for eviction under Section 6 of the West Bengal Premises Tenancy Act, 1997 is the petitioner of the present revisional application under Article 227 of the Constitution of India.

The plaintiff filed the said suit inter alia on the grounds of reasonable requirement and got an ex parte decree in the said suit on May 26, 2011.

The said decree was put into execution which gives rise to Execution Case No. 7 of 2011. The defendant in the said execution case filed an application under Section 47 of the Code of Civil Procedure but the same was dismissed and the said order of dismissal was affirmed by the revisional Court.Thereafter, the defendant filed an application under Order 9 Rule 13 of the Code praying setting aside of the ex parte decree passed in the said suit but the said application was also dismissed. The order dismissing the proceeding under Order 9 Rule 13 of the Code was affirmed upto this Hon'ble Court.

The judgment debtor thereafter filed an application in the execution case under Order 21 Rule 99 of the Code which has been registered in the said execution case as Misc. Case No. 72 of 2016.

Mr. Shrivastava, learned counsel appearing on behalf of the petitioner submits that the decree could not be executed due to filing of one after another frivolous application by the judgment debtor. He specifically raised the point of maintainability of the Misc. Case No. 72 of 2016.

It is really unfortunate that a decree of eviction of the opposite party from the suit property on the ground of reasonable requirement passed in the year 2011 could not be executed till date.

The attempt of the judgment debtor to arrest the progress of the execution case is apparent from his conduct and action taken in the said execution case.

Mr. Shrivastava informs this Court that the next date fixed in the said execution case is on March 29, 2019.

The learned trial Judge is directed to decide the said the Misc. Case No. 72 of 2016 within two weeks from March 29, 2019.

The learned Trial Judge thereafter shall dispose of the execution case within a month without granting any adjournment to either of the parties.

The time limits fixed by this order for disposal of the aforementioned proceedings are pre-emptory and mandatory.

With the above observation, C.O. No. 1634 of 2017 is disposed of.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.