Calcutta High Court (Appellete Side)
Tarak Roy Chowdhury vs Lal Mohan Shaw & Ors on 24 March, 2016
Author: Soumen Sen
Bench: Soumen Sen
1
24 24.03.16 C.O. 872 of 2016
akd
Tarak Roy Chowdhury
Vs.
Lal Mohan Shaw & Ors.
--------
Mr. Raja Ray.
... for the petitioner.
The defendant/petitioner has suffered a decree dated 30th June, 2014. Thereafter the said decree was put to execution. In the ejectment proceeding the petitioner has prayed for stay of the execution proceeding on the ground that an appeal has been preferred. If no stay is granted, the appeal would have become infructuous.
The decree-holder appears to have filed a petition for execution of the decree through police help.
The Trial Court on consideration of the materials on record exercised a discretion in favour of granting stay on a condition that the petitioner shall pay occupation charge @ Rs. 1,000/- per month with effect from the date of filing the appeal i.e. 12th November, 2014 as a condition precedent for getting order of stay of all further proceedings in Misc. Case No. 31 of 2015 for obtaining possession through police help.
The decree was passed on a contested hearing. The plaintiff is declined of having the benefits of the said decree because of the pendency of the appeal. The Court is to take realistic view of the situation so 2 that the equity of the situation is not disturbed and interest of both the parties are secured.
The discretion exercised by the Court in directing the payment of occupational charge @ Rs.1,000/- per month with effect from the date of filing the appeal i.e. 12th November, 2014, ini my view, does not suffer from any illegality.
Under such circumstances, this revisional application stands dismissed.
There will be no order as to costs.
(SOUMEN SEN, J.)