PRATIMA KUNDU Vs. ASHOKE KUMAR TIBRIWAL

JUDGEMENT

(1.) The revisional application has been filed by Smt. Pratima Kundu challenging the legality and propriety of the order dated August 16th, 2012 passed by the learned Civil Judge (Senior Division), 2nd Court at Alipore in Misc. Case No. 1050 of 2010 arising out of Ejectment Execution Case No. 29 of 2009. The case of the petitioner in short is that the petitioner is a member of Naba Kailash Co-operative Housing Society Ltd.. Flat No. 10/C was allotted to her by the Managing Committee of opposite party No. 2 i.e. Naba Kailash Co-operative Housing Society against payment of valuable consideration. A deed of conveyance was accordingly executed. The petitioner being sole and absolute owner of the said flat is occupying the same since 1988. The opposite party No. 1 Ashoke Kumar Tibriwal raised a dispute against the opposite party No. 2 and 3 i.e. the Secretary and the co-operative society before register of co-operative society under Section 95 of the West Bengal Co-operative Societies Act, 1983, which was registered as 82/RCS/88-89 claiming for declaration that the resolution for cessation of membership and cancellation of Flat No. 10/C is illegal and inoperative. The opposite party No. 1 got the order in his favour. The opposite party No. 1 raised another dispute before the arbitrator which was registered as dispute case No. 15/RCS/95-96 against the opposite party No. 2 and 3 praying for possession of the flat No. 10/C. The arbitrator directed the opposite party No. 2 and 3 to vacate and hand over possession of the said flat to opposite party No. 1. No appeal was preferred by the opposite party No. 2 and 3.

(2.) The opposite party No. 1 put the said order / award into execution before the learned Civil Judge (Senior Division) at Alipore which was registered as Ejectment Execution Case No. 29 of 2009 and in the said execution case date for possession has been fixed. The opposite party No. 1 filed an application for police help under Order 21 Rule 97 of the Civil Procedure Code which was registered as Misc. Case No. 699 of 2010. The petitioner herein filed an application under Order 21 Rule 99, 100 and 101 of the Code of Civil Procedure for determination of her interest in respect of said flat before the Court below which was registered as Misc. Case No. 1050 of 2010. The said Misc. Case is still pending for disposal.

(3.) It is alleged by the petitioner that the ejectment execution case was filed before the learned Court below after lapse of 12 years and as such same is hopelessly barred by limitation.