Calcutta High Court (Appellete Side)
Narayan Mondal & Ors vs Smt. Jamuna Patra & Ors on 11 April, 2018
1 69. 11.04.2018
mb In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. No. 703 of 2018 Narayan Mondal & Ors.
-Vs.-
Smt. Jamuna Patra & Ors.
Shri Narayan Mondal ...... petitioner no. 1 in person Petitioner no. 1 moves the matter in person on behalf of himself and petitioner nos. 2 to 8 and files an authority to appear for the rest of the petitioners. Such authority be kept on record.
By virtue of the impugned orders, the appellate court below refused the petitioners' prayer for stay of Ejectment Execution Case No. 3 of 2016. The opposite parties obtained an eviction decree against the petitioners. Such decree having been passed ex parte, the petitioners took out an application under Order IX Rule 13 of the Code of Civil Procedure, giving rise to Miscellaneous Case No. 3 of 2016.
Such miscellaneous case having been dismissed, the petitioners have preferred Miscellaneous Appeal No. 116 of 2017. The said appeal is pending.
2Vide order no. 3 dated December 22, 2017, the Additional District Judge, First Court at Sealdah, refused to grant ad interim stay on the ground that no specific averment with regard to proceeding of execution case was mentioned. Subsequently, vide order no. 7 dated February 26, 2018, such prayer for stay was again refused on the ground that the court could find nothing for granting stay at that juncture.
It appears from an information slip filed today in Court that writ of possession has already been issued on April 05, 2018 and the next returnable date has been fixed as April 13, 2018 for execution with police help. Such information slip is also kept on record.
It is evident that unless an order of stay is immediately granted, the petitioners will be evicted and non-suited in respect of Miscellaneous Appeal No. 116 of 2017, which is still pending, without being heard on such appeal.
It is seen from an order dated May 17, 2016, passed in ejectment execution case, that previously an order of stay was granted during pendency of the application under Order IX Rule 13 of the Code of Civil Procedure, on condition that the judgment- debtor would go on paying Rs.5,000/- per month as occupation charges and would deposit a sum of Rs.10,000/- as advance within the time stipulated in such order. 3
In the circumstances, there will be an order of stay of all further proceedings in Ejectment Execution Case No. 3 of 2016, pending before the Civil Judge (Junior Division), Additional Court at Sealdah till June 15, 2018 or until further orders, whichever is earlier, on condition that the petitioners would go on depositing in the executing court Rs.5,000/- (Rupees Five Thousand only) per month as occupation charges, for each month by the fifteenth of such month itself, beginning from April, 2018. In default of payment of any such instalment, the order of stay hereby granted shall automatically stand vacated without further reference to this Court.
It is made clear that the amount fixed as occupation charges is entirely tentative and ad hoc in nature and will be open for consideration at the time of final hearing of this revisional application, upon hearing both sides.
The petitioners are directed to serve copies of the present revisional application on the opposite parties, as well as on the learned advocate for the opposite parties in the court below. The petitioners will also communicate this order to the opposite parties and their learned advocate in the court below.
The matter will appear next in the combined monthly list of May, 2018 for hearing.
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An affidavit of service will be filed by the petitioners on the next date of hearing.
(Sabyasachi Bhattacharyya, J.)