Jyoti Biswas & Ors vs Raj Kumar Ghosh & Ors
2022 Latest Caselaw 2447 Cal/2

                           IA No. GA 3 of 2022
                          APD No. 269 of 2018
                                   with
                           EC No. 146 of 2017
                           CS No. 524 of 1984
                   IN THE HIGH COURT AT CALCUTTA
                            In appeal from its
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                    CIVIL APPELLATE JURISDICTION


                              Jyoti Biswas & Ors.
                                     Versus
                            Raj Kumar Ghosh & Ors.



Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice ANIRUDDHA ROY
Date: 16th September 2022

                                                                      Appearance:
                                                        Ms. Ayantika Ray, Advocate
                                                                Receiver-applicant
                                                    Mr. Arindam Banerjee, Advocate
                                                                  for the appellant
                                                              Mr. Ratul Das, Advocate
                                                            for respondent nos. 1 & 2

The Court: The affidavit of service filed in court today be taken on

record.

We are greatly surprised by this application, that too taken out by

the Receiver.

In paragraph 66 of the judgement and order dated 26th April 2022

made by this court we had categorically said "The respective applications

filed in the said execution case no. 146 of 2017 by the individual appellants

shall be adjudicated upon afresh on trial on evidence, on their own merit".

In paragraph 67 we had directed the following interim arrangement

to be made as follows:

"67. The learned receiver already appointed by the executing Court shall remain in symbolic possession of the suit property and the appellants shall continue to pay their occupation charges at the rate at which they had paid last to the Learned Receiver, as a

temporary arrangement, till the time the applications of the appellants are disposed of by the executing Court. The Learned Receiver upon receipt of such occupation charges shall issue necessary receipts in favour of the respective appellant occupants. It is, however, made clear that payment of such occupational charge is a temporary arrangement and shall not create any right or equity in favour of the appellants in any manner whatsoever. Such occupational charges must be paid by the appellants to the Learned Receiver by seventh day of every calendar month commencing from April 01, 2022. The Learned Receiver shall open an account with any nationalised bank of his choice and shall deposit the said sum therein and shall furnish necessary statements for every three months with the Registrar, Original Side of this Court."

When it is abundantly clear that the lis before the appellate court

was closed by the said judgement and order and that all questions, were to

be adjudicated upon by the executing court, the present application is not

maintainable before us.

Our judgment and order dated 26th April 2022 speaks for itself and

needs no clarification.

Accordingly the present application is totally unmeritorious and is

dismissed.

(I. P. MUKERJI, J.)

(ANIRUDDHA ROY, J.)

R. Bose