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2022 Supreme(Cal) 1242

SUBHASIS DASGUPTA
Ajay Kumar Gupta – Appellant
Versus
Radheshyam Shaw – Respondent


Advocates appeared:
Arijit Bardhan, Advocate, Debanik Banerjee, Advocate, Steven S. Biswas, Advocate, Partha Pratim Roy, Advocate, Gautam Das, Advocate, Sandeep Tiwari, Advocate

JUDGMENT

Subhasis Dasgupta, J. - This revisional application under Article 227 of the Constitution of India, is directed against two orders, dated 27th September, 2022, and 11th November, 2022, passed in Ejectment Execution Case No. 176 of 2015, directing delivery of possession of decretal property to decree holder with assistance of police and Seal Bailiff, with a further direction upon the Seal Bailiff to break open padlocks, bolts and nuts, if necessary, outside and inside shutter gate and doors of the decretal premises at the time of execution.

1. Mr. Arijit Bardhan, learned advocate appearing for the petitioner submitted that a judgment and decree dated 16th September, 2015, passed in Title Appeal No. 14 of 2013 had been sought to be executed, which was challenged upon preferring an appeal vide S.A. No. 281 of 2016 before this Court.

2. Mr. Bardhan further submitted that such Second Appeal had already been admitted upon formulating substantial question of law, and granting stay of further proceedings of Ejectment Execution Case No. 176 of 2015 pending before Learned Judge, 5th Bench, Presidency Small Causes Court, Calcutta, till disposal of application for stay, subject to the fu

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