KAPUR CHANDRA GARG Vs. VIVEK KUMAR SUKLA

JUDGEMENT

(1.) This is an application under Art. 227 of the Constitution of India filed by the petitioners challenging the impugned order no. 8 dated 12.12.2018, passed by Learned Chief Judge, City Civil Court, Calcutta in Title Appeal No.117 of 2017.

(2.) The present petitioners filed ejectment suit being no.13 of 2012 against the present respondent. The said suit was decreed on contest on 29th March, 2017 by Learned Judge, 4th Bench, Small Causes Court, Calcutta. It has been stated by the petitioners that they obtained the possession of decretal property through execution on 20.11.2017. Thereafter, on 1st Dec., 2017 respondent preferred an appeal along with an application under Sec. 5 of the Limitation Act praying for condonation of delay in preferring the appeal.

(3.) The application under Sec. 5 of the Limitation was allowed by the Learned Chief Judge, City Civil Court, Calcutta vide Order dated 12.12.18 and the appeal preferred by the respondent challenging the judgment and decree passed in Ejectment Suit no.13 of 2013 has been admitted.