Calcutta High Court (Appellete Side)
Ranjan Goenka And Others vs Sashikanta Saboo on 30 August, 2018
1 S/L. 52.
August 30, 2018.
MNS.
C. O. No. 2896 of 2018 Ranjan Goenka and others Vs. Sashikanta Saboo Mr. Mainak Bose, Ms. Sweta Gandhi ...for the petitioners.
Mr. Saptanshu Basu, Ms. Rituparna Chatterjee ...for the opposite party.
The present challenge is directed against an order passed by the executing court in connection with an eviction decree, whereby writ of possession was issued, fixing the next date for delivery of possession, on the ground that the petitioners had defaulted in payment of arrears of occupation charges as initially directed by an appellate court and subsequently modified by a co-ordinate Bench of this Court in C. O. No. 2448 of 2017.
Upon hearing learned senior counsel appearing for both sides, it appears that there is no dispute as to the fact that the petitioners could not, for whatever reasons, comply with the portion of the previous direction granted by this Court in C. O. No. 2448 of 2017 which related to payment of installment to clear off all the occupation charges.
It was submitted on behalf of the petitioners that since an appeal was pending against the eviction decree, coupled with a cross-appeal preferred by the decree- holder/opposite party, it would suffice if the appeals are directed to be heard out immediately without the opposite party insisting on execution. 2
Such contentions are controverted on behalf of the opposite party, primarily on the premise that an opportunity was already given to the petitioners to comply with the direction for payment of occupation charges given in C. O. No. 2448 of 2017.
Without going into the nitty-gritties of the matter, it is submitted on behalf of the petitioners, on instruction from one of the petitioners, who is present in court today, that the petitioners will clear off the entire amount of arrears of occupation charges and will go on paying the current occupation charges at the rate, as directed by this Court vide order dated August 3, 2017 passed in C. O. No. 2448 of 2017.
Hence, justice would be sub-served if the execution of the eviction decree is stayed for that period, subject only to payment of current occupation charges by the petitioner and subject to the petitioners' paying the entire amount of arrears of occupation charges within November 13, 2018.
Accordingly, C. O. No. 2896 of 2018 is disposed of by setting aside the impugned order and directing the petitioners to pay the entire amount of arrears of occupation charges, in terms of the order dated August 3, 2017 passed in C. O. No. 2448 of 201,7 within November 13, 2018 and further to go on paying current occupation charges in terms of the same order dated August 3, 2017 at the rate, as directed by the said order.
There will be an order of stay of all further proceedings in Ejectment Execution Case No. 38 of 2016 pending before the Judge, Fourth Bench, Small Causes Court at Calcutta, till November 13, 2018 subject to the petitioners going on paying current occupation charges in terms of the order, as aforesaid. In the event, the petitioners pay the entire arrears of occupation charges within November 13, 2018 and continue to pay current occupation charges at the rate stipulated in the said order dated August 3, 2017, 3 the stay of the connected execution case will continue till disposal of the appeals, bearing Title Appeal No. 13 of 2014 pending before the Judge, Eleventh Bench, City Civil Court at Calcutta and the Cross Appeal No. 13 of 2014 pending before the Chief Judge, City Civil Court at Calcutta.
In case of default in payment of arrears of occupation charges and/or current occupation charges in terms of this order, the stay hereby granted will stand automatically vacated without further reference to the Court and the opposite party will be free to proceed with the execution of the eviction decree immediately thereafter.
There will, however, be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Sabyasachi Bhattacharyya, J.)