20
sandip
Ct. 19
30.08.2024
In The High Court At Calcutta
Civil Revisional Jurisdiction
C.O. No. 3061 of 2024
Sri Narayan Chandra Singha
Vs.
Lt. Surendranath Sau, represented by legal
heirs Lt. Rabindranath Sau, represented by his
legal heirs – Sri Rajib Sau & Ors.
Mr. Masud Mallik … For the petitioner.
Mr. Supratick Sayamal,
Mr. Gouras Ghosh … For the O. P. Nos. 1 to 5.
The petitioner has suffered a decree of eviction, the
said decree has been put into execution giving rise to
Execution Case No. 31 of 1981 before the 2nd Court of
learned Civil Judge, (Junior Division) at Contai,
District – Purba Medinipur.
In the said execution case the decree-
holders/opposite parties applied for grant of police
help under Order XXI Rule 97 of the Code of Civil
Procedure read with Section 208 of the Civil Rules and
Orders. The executing Court by the Order No. 264
dated July 22, 2024 had allowed the said application.
The petitioner aggrieved by the said order has
preferred an appeal being connected Title Appeal No.
54 of 2024. The appeal Court below by the order
impugned being Order No. 02 dated August 01, 2024
has refused to grant stay of operation of the order
under challenge in the said appeal.
2
The order impugned does not call for any
interference.
The Appeal Court below before proceeding with the
said appeal shall decide its maintainability first.
C.O. 3061 of 2024 is dismissed without any order
as to costs.
Urgent Photostat certified copy of this order, if
applied for, be supplied to the parties subject to
compliance with all requisite formalities.
(Biswajit Basu, J.)