Aninda Saha And Anr vs Amal Saha And Ors
2025 Latest Caselaw 1170 Cal/2

Calcutta High Court

Aninda Saha And Anr vs Amal Saha And Ors on 11 February, 2025

Author: Rajasekhar Mantha

Bench: Rajasekhar Mantha

OD-1

                                   ORDER SHEET
                          IN THE HIGH COURT AT CALCUTTA
                           CIVIL APPELLATE JURISDICTION
                                   ORIGINAL SIDE



                                  IA NO:GA/2/2024
                                  WITH CS/80/1996
                                  IN APDT/18/2024
                                ANINDA SAHA AND ANR
                                        -VS-
                                 AMAL SAHA AND ORS




BEFORE:
The Hon'ble JUSTICE RAJASEKHAR MANTHA
And
The Hon'ble JUSTICE AJAY KUMAR GUPTA
Date: February 11, 2025.


                         Mr. R. Ghosh, Adv.; Mr. A. Dutt, Adv.; Ms. L. Dey, Adv., appear.
       Mr. A. Banerjee, Adv.; Mr. A. Dutta, Adv.; Mr. R. Mullick, Adv.; Ms. A. Saha, Adv.,
                                                                                  appear.



 1. The Court: This is an application for recall of this Court's order dated December

       5, 2024.

 2. This Court is of the view that if the appeal itself is taken up for hearing, the

       grievance of the decree holder-respondent would be addressed.         However the

time to file paper books, as ordered on December 5, 2024, has expired. Due to

this default on the part of the appellant the appeal cannot be taken up for

hearing.

3. The decree in question is that of eviction and calculation of mesne profit is yet to

be done. The appellant is still in occupation of the premises. The respondent

decree holder has been deprived of the use of his property since 1996. Interest of

justice and the principles of Order 41 of the Code of Civil Procedure mandate

that the judgment debtor be put on terms.

4. The appellant-judgment debtor will put in an ad hoc sum of Rs.25 lakhs with the

Registrar, Original Side towards occupation charges/mesne profits within a

period of seven days from date. Upon receipt of the said sum the Registrar

General of this Court shall invest the amount in an interest bearing account

with a Nationalized Bank, to the credit of the instant appeal.

5. In default of making such deposit the decree holder-respondent shall be entitled

to put the decree in execution.

6. Time to file the paper books is extended peremptorily by a period of three weeks

from date.

7. List the matter three weeks hence under the heading "Appeal From Decree".

(RAJASEKHAR MANTHA, J.)

(AJAY KUMAR GUPTA, J.) tk