Calcutta High Court (Appellete Side)
Ajay Kumar Sahoo vs Sanjoy Shaw And Others on 1 May, 2024
Author: Shampa Sarkar
Bench: Shampa Sarkar
May 1, 2024 Sl. No.18 Court No.19 s.biswas CO 1479 of 2024 Ajay Kumar Sahoo vs. sanjoy Shaw and others Mr. Debdipto Banerjee Mr. Soumen Banerjee ... for the petitioner Mr. Gautam Das Mr. Asit Baran Routh ... for the opposite party An adjournment is being prayed for on behalf of the opposite party, on the ground of illness.
On the other hand, it appears that the learned court had fixed on 7th May, 2024 for hearing of the application for police help filed by the plaintiff in aid of a prayer for delivery of possession.
The suit for eviction was decreed. The petitioner and the proforma opposite parties filed an appeal which has been registered as Ejectment Appeal No.08 of 2014. The appellate court passed an order of stay of the execution, subject to payment of occupational charges of Rs.3500/-.
It appears that the petitioner/judgment debtor failed to deposit the occupational charges for four months on the ground that his son met with an accident and his daughter-in-law was in the family way. The petitioner was in his native village at Odisha, to attend to such family crises.
The learned Additional District Judge, Fast Track 1st Court, Sealdah was of the view that the 2 execution case had been stayed only on the condition that the occupational charges would be paid and if there was a default in payment for two consecutive months, the stay would be vacated. Thus, the default from December 2023 to March 2024, resulted in automatic vacation of the order of stay of the execution.
As the matter cannot be taken up in the absence of the opposite parties/plaintiffs/decree holders, this court is of the view that the execution case being Ejectment Execution Case No.14 of 2013 should not proceed till this revisional application is decided.
Under such circumstances, let the matter appear on May 20, 2024 at 10:30 a.m. (Shampa Sarkar, J.)