KHOKAN CHANDRA DEY Vs. BIBHA RANI DE; KSHIRODE MOHAN DE; BIMAN BIHARI DE; MONORANJAN DE; JAYA RANI GHOSH @ CHHAYA RANI GHOSH; RUBI DE

JUDGEMENT

(1.) Heard Mr. S. K. Deb, learned senior counsel assisted by Mr. S. Dutta, learned counsel appearing for the petitioner as well as Mr. K. N. Bhattacharjee, learned senior counsel assisted by Ms. S. Chakraborty, learned counsel appearing for the respondents.

(2.) This case has a chequered history. The petitioner had approached this court earlier also, persuaded by his anxiety that at the time of executing the decree the land owned by him which is not part of the decree may be taken into possession and be handed over to the decree holder, by filing a petition under Article 227 of the Constitution of India being CRP No.101 of 2013.

(3.) While disposing of that petition this court had directed the executing court that at the time of execution by way of evicting the judgment-debtor from the land as described in the decree, assistance of a survey knowing person shall be taken by the bailiff so that the judgment debtor is not evicted from the premises or the property which is not included in the schedule of the suit premises in the decree. For that purpose, the expenses for engaging the Survey Commissioner shall be borne by the petitioner herein. The petitioner shall not get any adjournment for depositing the expenses for ensuring appointment of a Survey Commissioner. In default of payment of the expenses, that order will have no force whatsoever.