Calcutta High Court (Appellete Side)
Sri Subhas Das vs Smt. Provabati Debi Since Deceased on 5 July, 2018
1 S/ll. 05.07.
12. Bpg 2018 In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. No.671 of 2018 Sri Subhas Das Versus Smt. Provabati Debi since deceased represented by Smt. Jharna Majumdar & Ors. Mr. Sibashis Ghosh.
...for the petitioner.
The defendant/petitioner raises a valid question as to whether the appellate court was justified in imposing occupation charges of Rs.15,000/- per month on the basis of the averment of the opposite parties in their written objection that the suit property was of about 800 sq. ft area, in view of such averment being patently contradictory with the finding of the commissioner in a report filed before the trial court.
This revisional application is required to be heard on such question.
2Accordingly, the petitioner will serve copies of C.O. No.671 of 2018 on the opposite parties indicating that the matter will appear as a "Listed Motion" on July 25, 2018, when the petitioner will file an affidavit of service.
There will be an order of stay of all further proceedings in Ejectment Execution Case No.20 of 2017 pending in the First Court of Civil Judge (Junior Division) at Sealdah, District- South 24 Parganas, till August 15, 2018 or until further orders, whichever is earlier, subject to the petitioner depositing a sum of Rs.5,000/- with the executing court within a week from date. In default of such payment, this order will stand automatically vacated without further reference to this court.
(Sabyasachi Bhattacharyya, J. )