Calcutta High Court (Appellete Side)
Snandy vs (Disposed Of) on 22 November, 2018
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1 22.11.2018
CO 1406 of 2018 Court No. 14 Item No. SL - 36 Santi Shaw snandy Vs. (DISPOSED OF) Mritunjoy Jana Mr. Krishna Das Poddar, Advocate ......for the Petitioner Affidavit of service filed in court today be kept with the record.
The opposite party is represented by learned Lawyer.
An ejectment decree was passed in the year 2003 in Title Suit No. 90 of 2001. An execution case was lodged by the revisionist-landlord being Ejectment Execution Case No. 161 of 2004. A third party and the son-in-law of the original landlord has filed a miscellaneous appeal seeking stay of the execution proceeding on the ground that he is the original owner- tenant and not the defendants in laws. The opposite party claims to have come to know about the decree in the year 2016 and filed the misc. appeal in the year 2018.
The appellate court below by order no. 5 dated March 14, 2018 admitted the Miscellaneous Appeal being 03 of 2018 and order occupational charges of Rs.3,000/- per month to be paid from the date of the order and not from the date of the decree.
I find that the same is unreasonable and inappropriate.
In these circumstances, the impugned order no. 5 dated March 14, 2018 is modified by this court ordering the opposite party to pay occupational charges of Rs.3,000/- per month on and from the date of the decree till date as a condition precedent for the appeal being heard.
The deposit shall be made within a period of 15 2 days from date.
Upon such deposit being made within the stipulated time, the court below, being court of Chief Judge, City Civil Court, Calcutta shall hear and dispose of the appeal within a period 30 days thereafter positively. No adjournment shall be granted to any of the parties. In default of making such deposit, as directed hereinabove, the Miscellaneous Appeal No. 03 of 2018 shall automatically stand dismissed and the executing court shall proceed with the execution case no. 161 of 2004 With the aforesaid directions, the revisional application being CO 1406 of 2018 shall stand disposed of. No order as to costs.
Urgent Photostat Certified copy of this order, be given to the parties, if applied for, upon compliance of necessary formalities.
(Rajasekhar Mantha, J.)