Nivedita Jain vs Dilip Kumar Saha
2022 Latest Caselaw 6849 Cal

22.09.2022
 Ct. No. 32
  rpan/02

                                 FA 170 of 2022
                                         +
                  IA No.: CAN 1 of 2022
                                    Nivedita Jain
                                       - Vs -
                             Dilip Kumar Saha


                     Mr. Arun Pahari,
                     Mr. Biswa Nath Samanta
                                    .... for the Appellant.

                     Mr. Pathik Bandhu Banerjee,
                     Mr. Don Sen
                                   ..... for the Respondent.

The present appeal has been preferred against the

judgment and decree dated 4th March, 2022 and 10th March,

2022 respectively passed by the learned Civil Judge (Senior

Division), 9th Court, Alipore, District - South 24-Parganas in

Title Suit No.3351 of 2008. In connection with the present

appeal, an application for stay, being IA No.: CAN 1 of 2022

has been preferred.

Mr. Pahari, learned advocate appearing for the

appellant submits that the learned court below delivered the

impugned judgment without considering the evidence on

record. The appellant is paying the contractual rent before

the concerned Rent Controller and he disputes the arrear

rent, as directed to be paid by the impugned judgment. The

respondent has already filed an Execution Case, being Title

Execution Case no.26 of 2022 and the same is fixed for

hearing tomorrow.

He further submits that unless the interim order, as

prayed for, is passed, the appellant will suffer severe

prejudice and the present appeal will become infructuous.

Such contention has, however, been disputed by Mr.

Banerjee, learned advocate appearing for the respondent

and he opposes the appellant's prayer for stay of the

execution proceedings.

Heard the learned advocates appearing for the

respective parties and considered the materials on record.

The decretal property is the entire first floor flat,

consisting of three rooms, one lobby, one balcony, one

kitchen, two bath and privy, situated at 164A, Rash Behari

Avenue, Police Station - Lake, Kolkata - 700 029.

List the matter for further consideration in the daily

supplementary list of this Court under the same heading on

28th September, 2022.

On the returnable date, the appellant shall place

before us a bank draft of `15,00,000/-, issued in the name

of the respondent.

There shall be an unconditional stay of all further

proceedings in Title Execution Case no.26 of 2022 pending

before the learned Civil Judge (Senior Division), 9 th Court,

Alipore, District - South 24-Parganas till 29 th September,

2022 or until further order, whichever is earlier.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties, upon compliance of all

requisite formalities.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)