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2023 Supreme(Cal) 654

KRISHNA RAO
Poddar Projects Limited – Appellant
Versus
Economic Transport Organization Ltd. – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Debnath Ghosh, Mr. Avinash Kankani, Mr. Suman Majumder.
For the Defendant : Mr. Mainak Bose, Mr. Anurag Bagaria, Mr. Ratul Das, Mr. A. Agarwalla, Ms. D. Mukherjee, Ms. P. Gargain.

JUDGMENT :

(Krishna Rao, J.) :

1. The plaintiffs have filed the instant application for a direction to draw and complete the decree for eviction against the defendant as per the claim made by the plaintiff.

2. The plaintiffs have filed the suit against the defendant praying for following reliefs :

    “a) Decree of eviction and peaceful possession of the tenanted premises more fully described in Annexure “A” hereof;

b) Decree for mesne profits of Rs. 50/-per sq.ft. per day from 21st October, 2012 till the date of institution of the suit as pleaded in paragraph 24 above;

c) Decree for further mesne profits @ Rs. 50/-per sq. ft. per day from the date of institution of the suit till recovery of possession as pleaded in paragraph 24 above;

d) Receiver;

e) Injunction;

f) Costs;

g) Further and other reliefs.”

3. After filing of the suit, the plaintiffs have filed an application being G.A. No. 2883 of 2013 under Chapter XIIIA of the Original Side Rule of this Court seeking summary eviction of the defendant upon expiry of the notice period. The application filed by the plaintiffs was duly contested by the defendant and this court had disposed of G.A. No. 2883 of 2013 by an order dt. 28th Februa

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