Shri Nilmadhab Ghora vs Shri Arjun Kumar Dutta & Anr
2023 Latest Caselaw 1020 Cal

S/L 21
07.02.2023

Court No.652 SD CO 2347 of 2021 Shri Nilmadhab Ghora Vs.

Shri Arjun Kumar Dutta & Anr.

Mr. Gopal Ch. Ghosh Mr. Rajkrishna Mandal ... for the Petitioner.

Mr. Mrinal Kanti Ghosh ... for the Opposite Parties.

Being aggrieved and dissatisfied with the order no.9

dated March 31, 2021 passed by the learned District Judge,

Alipore in Ejectment Appeal No.11 of 2020, present

revisional application has been preferred.

It is submitted that the aforesaid Ejectment Appeal

No.11 of 2020 was preferred against the judgment and

decree dated 06.12.2019 passed by the learned Civil Judge

(Junior Division), 3rd Court, Alipore in Title Suit No.122 of

1995. The said appeal was admitted by the First Appellate

Court but when the appellant prayed for a stay of execution

of the said decree, the learned First Appellate Court was

pleased to direct the appellant/defendant to pay

occupational charge of Rs.15,000/- per month till disposal of

the appeal. Being aggrieved by that order of imposing

occupational charge upon the appellant as a condition for

granting stay, present revisional application has been

preferred.

It is submitted that the said appeal got dismissed for

default by the First Appellate Court on August 2, 2022.

In view of the above, present revisional application

has become infructuous.

Accordingly, CO 2347 of 2021 is dismissed as

infructuous.

There will be no order as to costs.

Urgent photostat certified copy of this order, if

applied for, be given to the parties upon compliance of all

necessary formalities.

(Ajoy Kumar Mukherjee, J.)