Calcutta High Court (Appellete Side)
Deb Prasad Roy & Anr vs Smt. Basanti Ghosh & Ors on 2 March, 2020
1
09,ML,Ct.18.
02.03.2020.
AJ.
C.O. 725 of 2020 Deb Prasad Roy & Anr.
-Vs-
Smt. Basanti Ghosh & Ors.
Ms. Nabanita Ray.
... for the petitioners.
Mr. Rahul Karmakar, Mr. Debabrata Ray.
.....for the opposite parties.
The petitioners have suffered an eviction decree in Ejectment Suit No. 607 of 2010 and they have challenged the said decree in the connected Title Appeal No. 41 of 2019.
The Appeal Court below by the order impugned has directed the petitioners to pay occupation charges at Rs. 10,000/- per month as the condition for stay of further proceedings of the execution case levied to execute the decree under appeal.
The suit property is situated at Girish Park area of Kolkata, which is a prime location of the city.
This Court, therefore, does not feel that the occupation charge fixed by the order impugned is not inconformity with the prevailing market rent of the said area.
The order impugned does not call for any interference. C.O. 725 of 2020 is dismissed.
2However, the learned Appeal Court below is requested to expedite the hearing of the appeal and to make all endeavour to dispose of the same within a period of four weeks from the date of communication of this order.
There shall be no order for costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)