Meraj Ahmed And ANR v. Krishna Saha And ORS

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** CO/23/2026 Meraj Ahmed and Another Vs Krishna Saha and Others Mr. K.M.B. Jayapal ... for the petitioners Mrs. Anjili Nag, Sr. Adv.

Mr. Adarsh Ilango ... for the opposite parties June 10, 2026 [AKB] Item No.6 This civil revision application made by the petitioner is against the proceeding in an execution being Execution Case No. 2 of 2020 in connection with Misc. Judicial Case No. 02 of 2026 pending before the learned Court of Civil Judge (Junior Division), Additional Court, Port Blair, South Andaman. The petitioner has suffered a decree for eviction sometime in 2020. This decree has been challenged before the appropriate Court by the petitioner. However, in view of the original plaintiff having expired in the interregnum period, the appeal could not be heard out by the concerned Court.

I have been informed both by Mr. Jayapal appearing for the petitioners and Ms. Nag appearing for the opposite parties that they are both ready and willing to do the matter before the concerned Court at the earliest.

The execution proceeding, seeking to execute the decree has also been filed and is pending adjudication. If execution proceedings are allowed to proceed any further, the appeal is likely to become infructuous.

Ms. Nag, learned senior advocate appearing for the opposite parties has fairly submitted on instructions from her client that they will not proceed with the Execution Case till July 31, 2026.

The petitioners will proceed with the appeal and the pending application therein as expeditiously as possible and definitely by July 05, 2026.

I have also been informed that the matter was listed yesterday before the Court but could not be taken up on the ground of personal difficulty of Mr. Jayapal, learned advocate for the petitioner.

Mr. Jayapal is requested to seek preponement of the matter before the learned Trial Court and proceed with the same with necessary applications by July 05, 2026, as aforestated.

In view of the undertaking given by Mrs. Nag on instruction from her clients, interim order of 18th March, 2026, which is in substance till June 15, 2026 is not required to be renewed any further.

The Learned District Judge, Port Blair is requested to deal with the matter as expeditiously as possible and if the same is not concluded by July 31, 2026, he will be at liberty, on an application being made before him, to consider the question of stay of the execution proceedings relating to execution of the decree.

With the aforesaid direction this Civil Revisional application is disposed of. No order as to costs.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties on priority basis on compliance of all legal formalities.

(Reetobroto Kumar Mitra, J.)