Aninda Saha And Anr vs Amal Saha And Ors
2025 Latest Caselaw 1201 Cal/2

Calcutta High Court

Aninda Saha And Anr vs Amal Saha And Ors on 13 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 13, 2025.


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




 1. The Court: The matter was listed for correction of this Court's order dated

       February 11, 2025.

 2. In the second line of paragraph 4 on the second page of the order, the expression

       "Registrar General of this Court" shall stand corrected to read "Registrar, Original

       Side".

 3. It is submitted by counsel for the appellants that the prayer made before the

       executing court towards mesne profit, was for a sum of Rs.10 lakhs, from the

       date of filing of the suit till the date of the decree.
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     4. Learned counsel for the respondents-decree holder, however, submits that since

after the date of the decree, his client is entitled to occupational charges for two

cottahs of land and constructed areas comprising of ten rooms which shall come

to at least Rs.45000/- per month.

5. This Court had directed ad hoc payment in the order dated 11th February 2025

only to put the Judgment debtor to terms.

6. In that view of the matter and given the prayers made before the executing court,

the ad hoc deposit directed by this Court on February 11, 2025, in the last line of

paragraph 4 on the second page of the order, shall read Rs.10 lakhs in place and

stead of Rs.25 lakhs. Time to make such deposit shall operate from today.

7. Paper books as directed while admitting the appeal shall be prepared by the

respondents as expeditiously as possible, preferably within a period of two weeks

from date.

8. List the appeal for hearing, three weeks hence under the heading "Appeal From

Decree".

(RAJASEKHAR MANTHA, J.)

(AJAY KUMAR GUPTA, J.) tk