Ors vs Smt. Vidisha Basu
2025 Latest Caselaw 3614 Cal/2

Calcutta High Court

Ors vs Smt. Vidisha Basu on 22 December, 2025

Author: Debangsu Basak

Bench: Debangsu Basak

O-119
                               APDT/11/2024
                             WITH CS/279/2002
                              IA No.GA/1/2024

                     IN THE HIGH COURT AT CALCUTTA
                         Civil Appellate Jurisdiction
                                Original Side


                                       SMT. ANINDITA CHOWDHURY AND
                                       ORS.
                                               -VERSUS-

                                       SMT. VIDISHA BASU

BEFORE :
THE HON'BLE JUSTICE DEBANGSU BASAK
            And
THE HON'BLE JUSTICE MD. SHABBAR RASHIDI
Date : 22nd December, 2025.

                                                                        Appearance:
                                                           Mr. S. N. Mitra, Sr. Adv.
                                                           Mr. Purnendu Das, Adv.
                                                           Ms. Gitika Mallick, Adv.
                                                                ...for the appellant.

         The Court :-   Appeal is at the behest of the plaintiff and directed

against the judgment and decree dated February 27, 2024 dismissing the suit.

         Learned senior advocate appearing for the appellant submits that,

during the pendency of the suit, there subsisted an order dated October 8,

2002 which required the defendant to pay occupation charges. The defendant

was paying such occupation charges till the dismissal of the suit. He submits

that, the defendant be directed to pay such occupation charges.

         None appears for the defendants/respondents even in the second

call.

We find from the records that, a suit for eviction was dismissed by

the impugned judgment and decree dated February 27, 2024.

In the suit for eviction there subsisted an order dated October 8,

2002 directing the defendant in the suit to deposit a sum of Rs.5,000/- with

the advocate-on-record for the plaintiff month by month, as occupation

charges.

We are informed that, the defendant in the suit was complying with

such direction till the dismissal of the suit by the impugned judgment and

decree.

In the facts and circumstances of the present case, it would be

appropriate to restore the position subsisting in the suit as on the date of the

impugned judgment and decree.

The defendant will continue to pay the monthly sum of Rs.5,000/- as

occupation charges, as directed by the order dated October 8,m 2022 month by

month to the appellant.

Appellant will prepare informal paper book incorporating all papers

used before the learned Single Judge and file the same by January 28, 2026.

The appellant will serve a copy of the paper book upon the respondent

forthwith.

List the appeal in the monthly list of February, 2026.

(DEBANGSU BASAK, J.)

(MD. SHABBAR RASHIDI, J.) A/s.