Dr. Chandra Sekhar Murmu vs Nripendra Narayan Ghosh
2023 Latest Caselaw 4530 Cal

July 28, 2023 Sl. No.12 Court No.19 s.biswas CO 2972 of 2022

Dr. Chandra Sekhar Murmu vs.

Nripendra Narayan Ghosh

Ms. Sumana Sinha ... for the petitioner Mr. Debasish Roy Mr. Souvik Ghosh ... for the opposite party

The petitioner does not want to proceed with the

matter as submitted by Ms. Sinha, learned advocate

for the petitioner.

It appears that the revisional application had

been filed challenging an order by which an

application for modification of the order dated March

28, 2022 had been disposed of by the learned lower

appellate court, without allowing the judgment

debtor extension of time to pay the occupational

charges.

Mr. Roy, learned advocate for the opposite party

vehemently contends that by indicating pendency of

this revisional application, the execution proceeding

had been inordinately delayed. Moreover,

occupational charges, as directed by the learned

court below, have not been paid. The conditional

order of stay stood automatically vacated and the

execution should proceed.

This court finds that the petitioner's challenge

to the order passed by the learned Additional District

Judge, 7th Court, Alipore, South 24 Parganas,

granting stay of the execution proceedings, subject

to payment of occupational charges is being

consciously abandoned by the petitioner, by not

proceeding with this revisional application.

Thus, order of the learned lower appellate court

survives and the stay stands automatically vacated.

The learned executing court can proceed within the

execution, unless the learned lower appellate court

passes further orders in the appeal, at the behest of

either of the parties.

Considering that rights had accrued in favour of

the opposite party on the passing of the decree and

to receive occupational charges, as also the delay

caused due to pendency of the revisional application,

the executing court must be directed to expedite the

execution. The execution court shall proceed in

accordance with law.

The revisional application is dismissed as

withdrawn.

All the parties are directed to act on the basis of

the server copy of the order.

(Shampa Sarkar, J.)