Prativa Srivastava vs Krishna Kinkar Ray & Ors on 15 March, 2019

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Calcutta High Court (Appellete Side)

Prativa Srivastava vs Krishna Kinkar Ray & Ors on 15 March, 2019

Bench: I. P. Mukerji

                                      1


15.03.2019
Sl.No. 02                  Assigned
Ct.No.18
Amalranjan
                    IN THE HIGH COURT AT CALCUTTA
                     CIVIL APPELLATE JURISDICTION
                            APPELLATE SIDE

                             SMAT 1 Of 2019
                                    +
                             CAN 6372 of 2018

                             Prativa Srivastava
                                    vs.
                         Krishna Kinkar Ray & Ors.


             Mr. Tapas Kr. Sinha
             Mr. Subir Sabud
             Mr. Basudeb Bag
                                                           ...for the appellant
             Mr. Kasinath De
             Mr. Sandip Kr. De
                                                        ...for the respondents

The evidence on affidavit filed by the appellant before the learned court below be accepted and taken on record. The learned court below is directed to take all possible steps, so that the pending lis before it in the form of an application under Order 21 Rule 101 of the Code of Civil Procedure in Misc. Case 37 of 2012 is disposed of within six months of communication of this order.

Any other proceedings in connection with the same purpose may be disposed of within the said time period. This order is passed subject to the condition that the appellant shall pay a lump sum of Rs. 3 lakhs by 12th April, 2 2019 to the respondents as occupation charges from the date of the decree till 28th February, 2019.

The appellant shall also pay occupation charges at the rate of Rs. 10,000/- per month by the 7th of the following month for their occupation from March, 2019 till they vacate the premises. The above payment will be made without prejudice to the rights and contentions of the parties to realise the balance sum by obtaining a decree of mesne profit or by claiming refund of excess payment, whichever is applicable. Learned counsel for the respondents gives an undertaking to this court on behalf of his client that they will not proceed any further with the execution case without the leave of this court unless authorised to do so by orders of a court of law. The appeal (SMAT 1 of 2019) and the stay application (CAN 6372 of 2018) are, accordingly, disposed of. Urgent certified photo copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

( I. P. Mukerji,J. ) ( Md. Nizamuddin,J. )

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Calcutta High Court (Appellete Side)