Calcutta High Court (Appellete Side)
Sri Subhas Das vs Smt. Provabati Debi And Others on 12 November, 2018
1 C/L. 10.
November 12, 2018.
MNS.
C. O. No. 3377 of 2018 Sri Subhas Das Vs. Smt. Provabati Debi and others Mr. Sibasish Ghosh, Mr. Amit Das ...for the petitioner.
Sufficient prima facie case having been made out as to the appellate court having acted without jurisdiction in re-imposing occupation charges without adhering to objective yardsticks, as directed previously by this Court, let the petitioner serve copies of the revisional application on the opposite parties, intimating them that the matter will appear as a 'contested application' in the monthly combined list of cases for the month of December, 2018.
The petitioner will file an affidavit-of-service on the next date of hearing. There will be an order of stay of all further proceedings in Ejectment Execution Case No. 20 of 2017 pending in the First Court of Civil Judge (Junior Division) at Sealdah, District- South 24-Parganas, till December 21, 2018 or until further orders, whichever is earlier, subject to the petitioner depositing an amount of Rs.10,000/- (Rupees ten thousand) only with the executing court within a week from date, which amount will be adjusted with the occupation charges, if any, which may be directed ultimately.
In default of such payment, the order of stay granted hereby will stand automatically vacated.
(Sabyasachi Bhattacharyya, J.) 2