A Civil Judge disposed of an ejectment execution case after delivering possession. The High Court held the subsequent revisional application was infructuous as the petitioners had lost interest. The application was dismissed.
Revisional application dismissed as infructuous. Allegations deemed denied. No order as to costs.
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08.03.2022 Ct. 21 D/L 2 ab
C.O. 521 of 2021
Smt. Ila Basu & Ors. -Vs- Subir Ganguly
Mr. Biswanath Chatterjee, Mr. S. K. Pathak, ... for the opposite party
None appears on behalf of the petitioners.
Mr. Biswanath chatterjee, learned advocate appearing for the opposite party files documents.
From the order dated 07.01.2022 passed by the learned Civil Judge (Junior Division), Additional Court, Sealdah, South 24 Parganas in Ejectment Execution Case No. 43 of 2019, it appears that the said execution case has been disposed of on full and final satisfaction in view of the fact that the bailiff of the Court had delivered possession of the decreetal property to the decree-holder.
Therefore, in view of such facts, this Court is of the opinion that the petitioners are no more interested to proceed with the instant application as the same has become infructuous and as such, they are not
2
appearing and taking steps. This Court does not find any reason to keep the matter pending.
Accordingly, the revisional application being C.O. 521 of 2021 is dismissed as infructuous.
In view of the order made above, affidavits are not invited. Allegations made shall be deemed to be denied.
There shall be no order as to costs.
Parties are to act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.
( Kesang Doma Bhutia, J .)
1 issue framed by the court
Whether the revisional application is maintainable in light of the disposal of the execution case.
Smt. Ila Basu & Ors.
Subir Ganguly
Kesang Doma Bhutia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
