RANJIT BARMAN Vs. ARATI BARAT AND OTHERS

JUDGEMENT

(1.) The judgment debtor in respect of an eviction decree has preferred the instant revisional application. A contested eviction decree was passed against the petitioner in favour of the decree-holders/opposite parties on April 30, 2016. The judgment debtor/petitioner preferred Title Appeal No. 27 of 2016 along with a prayer of condonation of delay in preferring the same.

(2.) In the meantime, the decree-holders/opposite parties levied execution, giving rise to Title Execution Case No. 6 of 2016. In such execution case, the opposite parties filed an application for police help under Rule 208 of the Civil Rules and Orders framed by this court, which was registered as Judicial Miscellaneous Case No. 18 of 2018. The said miscellaneous case was filed on May 5, 2018. Vide Order No. 13 dated May 5, 2018, the executing court fixed the miscellaneous case on July 27, 2018 for service, return and appearance.

(3.) Thereafter, the opposite parties filed an application for exemption from filing requisites in terms of Order No. 13 dated May 5, 2018, coupled with a put-up petition. The executing court, vide Order No. 14 dated June 6, 2018 allowed the said application, exempting the opposite parties from serving any notice upon the petitioner and fixing July 27, 2018 for hearing of the miscellaneous case.