MANORAMA KAUR Vs. SARDAR HIRA SINGH

JUDGEMENT

(1.) This is an application for stay of operation of execution of the proceedings in Small Causes Court being SCC Case No. 112 of 1996, and is taken up for hearing. Respondents have appeared and have not filed any affidavit-in-opposition.

(2.) The appeal has been preferred against an order of the learned 4th Judge, City Civil Court at Calcutta in Title Suit No 1636 of 2004 passed on an application taken out by the applicant herein under Order 39 Rules 1 and 2 read with section 151 of the Code of Civil Procedure. Such application was taken out for stay of execution proceedings arising out of an order under section 41 of the Presidency Small Cause Courts Act. Initially, the learned Trial Judge granted interim relief of injunction. By the impugned order, the order of injunction was vacated upon contest. Learned Trial Judge while vacating the interim order has given detailed reasons both on facts and law.

(3.) On 27th July, 2006 this appeal was admitted. Thereafter on 23rd August, 2006 an interim order of status quo was passed with regard to possession of the suit property which was operative till 28th August, 2006 or until further order whichever was earlier. On 28th August, 2006 the matter appeared before the Bench presided over by the Hon'ble Justice Bhaskar Bhattacharya and the Hon'ble Justice Prabudhha Sankar Banerjee when Their Lordships released the matter having found that the Bench had no determination to deal with the same. This matter came up yesterday for hearing for extension of the order of status quo. Learned Counsel for the respondent seriously opposed the prayer of extension and insisted that the stay application should be heard on merit as all steps have been taken for executing the order passed by the learned Small Causes Court under section 41 of the Act.