Calcutta High Court (Appellete Side)
5250/2013 on 9 September, 2014
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
1
S/L.18.
September 9,
2014.
bpg.
F.A.T. No.112 of 2013
With
C.A.N. 5250 of 2013
Mr. Aniruddha Chatterjee,
Mr. Siddhartha Banerjee,
Mr. Debaki Nandan Maity.
...for the appellant.
Mr. Sourav Sen.
...for the plaintiff/respondent.
Re: C.A.N. 5250 of 2013.
This is an application for stay in connection with an appeal arising out of a suit for recovery of possession from a lessee on the ground of forfeiture.
The defendant is the appellant. Admittedly, the annual lease rent is Rs.6,700/- (Rupees six thousand seven hundred) only. The lease would have been expired by efflux on August 31, 2015.
Since an appeal from original decree has been preferred and it is settled law that when the appeal is pending any proceeding having serious legal civil consequences must be stayed, we grant stay of all further proceedings in Ejectment Execution Case no.23 of 2013, including connected Miscellaneous Case no.618 of 2014, 2 now pending before the learned Judge, Eleventh Bench, City Civil Court at Calcutta, till the disposal of this appeal.
The appellant is directed to pay all arrears of lease rent up to the month of September, 2014 by October 15, 2014 and, thereafter, shall go on paying the monthly occupational charges to the landlord directly by seventh of each succeeding month for which the same is due and payable.
The lessor is directed to disclose his bank particulars and the lessee/appellant shall go on depositing the amount in such bank account regularly, as aforesaid.
In default of payment of the arrears of occupational charges and the current occupational charges, the interim order of stay shall, automatically, stand vacated and the decree shall be executable at once.
Mr. Sourav Sen, learned advocate, appears and accepts notice of this appeal on behalf of the respondent.
Therefore, formal service of notice of appeal is dispensed with on the plaintiff/respondent.
Let the hearing of the appeal be expedited.
Let the lower court's records of this case be called immediately.
After arrival of the lower court's records, the office is directed to examine the same and if found complete, shall issue notice of 3 arrival of lower court's records on the learned advocate for the appellant.
The appellant is directed to prepare and file requisite number of informal paper books printed, typewritten or cyclostyled, as the case may be, out of court, within a period of two months from the date of service of notice of arrival of lower court's records on the learned advocate for the appellant.
All formalities regarding preparation of paper books are dispensed with, but the learned advocate for the appellant is directed to incorporate all the relevant documents in such informal paper books.
With the aforesaid directions, the application for stay, filed under C.A.N.5250 of 2013, stands disposed of.
We make no order as to costs.
Liberty to mention the appeal for hearing as and when the appeal becomes ready for hearing.
(Subhro Kamal Mukherjee, J.) (Subrata Talukdar, J.)