Dinabandhu Kundu vs Gobinda Chandra Kundu
2021 Latest Caselaw 605 Cal

27.01.2021
   ap
   22
                                  SAT 290 2018
             (IA No. CAN 1 of 2018 (Old No. CAN 4859 of 2018)
                     CAN 2 of 2019 (CAN 1617 of 2019)

                              (Via Video Conference)

                              Dinabandhu Kundu
                                    Vs.
                            Gobinda Chandra Kundu

                           Mr. Gopal Chandra Ghosh
                                ... For the appellant.

                           Mr. Chittapriya Ghosh
                           Ms. Priyanka Saha
                           Mr. Komal Singh
                                 ... For the respondent.

Re: CAN 2 of 2019 (CAN 1617 of 2019)

This is an application for appropriate order for

payment of occupational charges on the score that a

blanket order of stay cannot be granted in favour of the

judgment-debtor/defendant/appellant without paying

occupational charge. At this stage Mr. Gopal Chandra

Ghosh, learned advocate appearing for the

appellant/defendant submits that he has already been

evicted from the suit premises on execution a decree of

eviction passed in favour of the plaintiff/respondent.

Therefore, the application becomes infructuous.

Accordingly, the application, being CAN 1617 of

2019 is dismissed as infructuous.

Re: CAN 4859 of 2018

This application arises out of S.A. 290 of 2018

whereby the defendant/appellant prayed for stay of the

Title Execution Case No. 5 of 2016 pending before

learned civil Judge (Junior Division) 2nd Court at

Arambagh, Hooghly till the disposal of the appeal.

In view of the aforesaid order recording the fact of

satisfaction of the decree. Accordingly the application,

being CAN 4859 of 2018, is dismissed as infructuous.

It is submitted by Mr. Ghosh that without the test

of the judgment and the decree passed by the lower

courts, the defendant/appellant has been ousted from

the suit premises by virtue of the execution of decree

whereas he is one of the co-sharers. Therefore, the issue

pertaining to such submission is required to be heard on

its merit while the appeal is taken up for hearing. Let

the appeal be expedited.

Let the matter appear in the monthly combined list

of March 2021.

(Shivakant Prasad, J.)