NATHURAM SHARMA Vs. PRADIP KUMAR SAHA & ORS

JUDGEMENT

(1.) Re: CAN 5935 of 2016

(2.) This second appeal is directed against the judgement and decree dated 22nd December, 2015 passed by the learned Additional District Judge, 8th Court, Alipore, South 24-Parganas in Title Appeal No. 106 of 2010 affirming the judgement and decree dated 18th March, 2010 passed by the learned Civil Judge (Junior Division), 3rd Court, Alipore in Title Suit No. 16 of 1989 at the instance of the defendants/appellants.

(3.) After we decline to admit this appeal, Mr. Sibasis Ghosh, learned advocate appearing for the defendants/appellants submits that his clients will deliver vacant and peaceful possession of the suit premises to the plaintiffs/respondents provided some time is granted to his clients. On such prayer being made on behalf of the defendants/appellants, we permit the defendants/appellants to vacate the suit premises and give up vacant and peaceful possession thereof to the plaintiffs/respondents and/or their authorised agent positively on 31st May, 2017. Thus, the execution of the eviction decree being Title Execution Case No. 106 of 2010 pending before the learned court of the 3rd Additional Civil Judge (Junior Division) at Alipore will remain stayed till 31st May, 2017 subject to compliance of the following conditions :-