APARNA AGENCY LTD Vs. ABHIRUK BANERJEE & ANR

JUDGEMENT

(1.) Can 8236 of 2017 has been filed by the respondents/decree holders. By the decree dated 6th August, 2016, the decree holders were entitled to evict the Judgment debtor and recovery of possession in respect of the suit property. A direction was also given by the court below to deliver vacant possession of the subject premises within the time specified in the decree. The decree holder put the decree into execution and being aggrieved by the decree dated 6th August, 2016, FAT 61 of 2017 was filed with the connected application. An order of stay on terms was passed on 13th July, 2017 and pursuant to the said order sum was to be deposited before the executing Court which the Judgment debtor has done.

(2.) This day, Counsel for the applicant/decree holder submits that peaceful and vacant possession of the subject premises has been handed over to it by the Judgment debtor. In respect thereof, the letter dated 4th April, 2018 has been placed before us and a copy of the said letter has also been handed to the Judgment debtor's counsel.

(3.) In view of the facts set out hereinabove and the letter dated 4th April, 2018, leave is given to the applicant to withdraw the amount deposited by the appellant before the executing court in compliance with the order dated 13th July, 2017.