Priya Das @ Snigdha Das vs Sandhya Sarkar & Ors
2023 Latest Caselaw 7296 Cal

18.10.2023.
 Item No. 7.
Court No. 13
    ap
                          F.A.T. No. 322 of 2023
                                    With
                          I.A. No. CAN 1 of 2023
                         Priya Das @ Snigdha Das
                                  Versus
                          Sandhya Sarkar & Ors.

                 Mr. Mahendra Prasad Gupta,
                 Mr. Abhishek Gupta,
                 Ms. Ishita Roy.
                                           ...For the appellant.
                 Mr. Sounak Bhattacharya,
                 Mr. Anirban Saha Ray,
                 Mr. Sounak Mondal,
                 Mr. Abhirup Halder.
                                        ...For the respondents.

1. The instant appeal is directed against judgment

and order dated 30th June, 2023 passed by the learned

Judge, 12th Bench, City Civil Court at Calcutta

ordering eviction of the appellant. The suit property

comprises of one room and other normal household

amenities appertaining thereto.

2. The appeal shall be heard.

3. The appellant shall prepare requisite numbers of

informal paper books of all the records in the Court

below.

4. The respondents shall co-operate with the appellant

in preparation of the paper books.

5. As a condition precedent for stay of the execution of

the decree, the appellant shall deposit a sum of

Rs.1,00,000/- within seven days from date, with the

learned Registrar General of this Court, who shall

invest the said sum in an interest bearing account

with the Nationalized Bank. In addition thereto, the

appellant shall pay a sum of Rs.10,000/- per month

by the fifth of each English calender month to the

respondents, who shall not appropriate the same

without the leave of this Court. They shall keep the

same deposited in an interest bearing account with the

Nationalized Bank. The first payment of Rs.10,000/-

shall be made within a period of seven days from date.

6. It is made clear that in default of payment of any of

the aforesaid sums, the decree shall become forthwith

executed.

7. Since the respondents have already entered

appearance in this appeal through their learned

advocate, formal service of notice of appeal upon the

respondents is dispensed with.

8. With the aforesaid directions, the application being

CAN 1 of 2023 is allowed and disposed of.

9. Liberty is granted to the parties to mention the

matter after paper books are ready.

10. All parties are directed to act on a server copy of

this order duly downloaded from the official website of

this Court.

(Rajasekhar Mantha, J.)

(Supratim Bhattacharya, J.)