SUPROVA BASU Vs. COLONEL MOHIT MAHALANOBIS

JUDGEMENT

(1.) THE real action " or, the fun and games, depending on the perspective " generally begins after a decree is passed. And if the decree is one for eviction in respect of a prime commercial property, the only action begins when the decree is put into execution. So has it been in this case: a new suit and two applications which are veritable suits have sprouted immediately upon an eviction decree being attempted to be implemented.

(2.) EC No. 221 of 2010 is for execution of the eviction decree of 2009 affirmed in appeal in the year 2010 arising out of a suit filed in the year 1995. The decree has been passed against the only defendant in the relevant suit: an administrator appointed by the Court in the year 1980 to supervise Everest Building, a prime commercial high-rise on Chowringhee. The schedule to the decree describes the premises covered by the decree to be as follows:

(3.) CS No. 61 of 2010 is a suit by several flat-owners or occupants at the building asking for the decree, insofar as it relates to the common area on the terrace at the 21st floor at the building, to be set aside. The applications by the plaintiffs in such suit, whether in that suit or in the execution proceedings, held up the execution for several months. Such plaintiffs have subsequently not shown interest in pursuing the matters. As a result, some of the applications seeking to resist the decree have been dismissed. The applications in CS No. 61 of 2010 have been adjourned.