Calcutta High Court (Appellete Side)
Niharendu Saha vs Debjani Guray on 1 October, 2024
Author: Biswajit Basu
Bench: Biswajit Basu
01.10.2024
Item No.34, DL
Ct.19
A.J. IN THE HIGH COURT AT CALCUTTA
CIVIL REVISIONAL JURISDICTION
C.O. 1380 of 2024
Niharendu Saha
-Vs-
Debjani Guray
Mr. Subir Banerjee,
Mr. Indrajit Sen,
Mr. S. Medda.
......for the petitioner.
Mr. Sounak Bhattacharya,
Mr. S. Pal Choudhury.
......for the opposite party.
Affidavit of service filed on behalf of the petitioner
be kept with the record.
The matter though has been brought to the list at
the instance of the petitioner for extension of interim order
but, by the consent of the parties, it is taken up for final
disposal.
The petitioner has suffered an ex parte decree of
eviction in Ejectment Suit No. 95 of 2012. He had applied for
setting aside of the said ex parte decree registered as Misc.
Case No. 56 of 2018. The said Misc. Case was dismissed vide
judgment and order dated January 06, 2024.
Aggrieved by the said judgment and order, the
petitioner has preferred the connected Misc. Appeal No.8 of
2024 which is pending before the 1st Court of the learned
Additional District Judge at Sealdah, District: 24-Parganas
(South).
The decree in the meantime has been put into
execution giving rise to Ejectment Execution Case No. 10 of
2017 before the 1st Court of the learned Civil Judge (Junior
Division) at Sealdah, District: 24 Parganas (South).
The Appeal Court below by the order impugned
dated January 31, 2024 has allowed the prayer of the
petitioner for stay of further proceeding of the said execution
case, subject to deposit of Rs.8,000/- (Rupees Eight
Thousand only) per month before the Executing Court
towards occupational charges.
A part of the suit property, due to rain, has
collapsed; the petitioner is alleging that only two rooms the
suit property are habitable.
Considering the said aspects, the amount of
occupational charges is reduced to Rs.6,000/- (Rupees
Six Thousand only) per month.
The petitioner, however, instead of depositing the
said occupational charges with the Executing Court, shall
pay it within the 7th of each succeeding month for which it
falls due to the opposite party in her bank account, details of
which are to be furnished by her to the leaned advocate for
the petitioner; the arrear amount, if any, be also paid to the
opposite party.
The opposite party however is required to furnish
an undertaking before the Executing Court that in the event,
the petitioner succeeds in the pending appeal, she would
refund the amount received by her on account of such
occupational charges.
The petitioner shall withdraw the occupational
charges already deposited with the Executing Court and shall
pay the same to the opposite party.
In the event the payment as directed above is made
within the stipulated time, the further proceedings of the
said Execution Case shall remain stayed till the disposal of
the connected Misc. Appeal; in default of any of such
payment(s), the said order of stay shall stand automatically
vacated and the decree would be executable at once.
The Appeal Court is requested to make all
endeavour for expeditious disposal of the said Miscellaneous
Appeal in accordance with law.
C.O. 1380 of 2024 is disposed of with the above
terms without any order as to costs.
Parties to act on the server copy of this order duly
downloaded from the official website of this Court.
Urgent Photostat certified copies of this order, if
applied for, be supplied to the parties subject to compliance
with all requisite formalities.
(Biswajit Basu, J.)
