Calcutta High Court (Appellete Side)
Sri Badal Chandra Ghorai Alias Badal ... vs Sri Prabir Kumar Maity on 2 April, 2024
Author: Shampa Sarkar
Bench: Shampa Sarkar
02.04.2024 Ct. No. 19 Sl. No. 21 Cp C.O. No. 3892 of 2023 Sri Badal Chandra Ghorai alias Badal Ghorai Vs. Sri Prabir Kumar Maity Mr. Animesh Paul ....for the petitioner.
Let a copy of the revisional application along with the server copy of this order be served upon the opposite party and the learned advocate appearing on behalf of the opposite party in the learned court below.
Affidavit of service to be filed on the next date. The contention of the petitioner is that the amount of Rs.4,500/- per month as occupational charges was erroneously awarded by the learned court without considering the basic parameters while fixing the quantum. It is submitted that the occupation of the petitioner was in respect of 56 sq. ft. tile shed room at Dhapa Road and the rent was only Rs.70/-
Let there be stay of all further proceeding in Ejectment Execution Case No. 25 of 2023, which is pending before the learned Civil Judge (Junior Division), 1st Court, Alipore, upto July 31, 2024, or until further orders whichever is earlier, provided the petitioner deposits a sum of Rs.2,500/- as occupational charges, 2 before the executing court, till disposal of the revisional application.
Rs.2500/- per month on and from April, 2024 shall be deposited within April 10, 2024 and, thereafter month by month within 10th of each month.
Failure to comply with this order will result in automatic vacation of the stay of execution, and the execution will proceed.
Let this matter appear in the monthly list of May, 2024, at 10.30 am.
(Shampa Sarkar, J.)