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Calcutta High Court (Appellete Side)

2218/2011 on 19 July, 2011

Author: Dipankar Datta

Bench: Dipankar Datta

                                                       1

07.11
ab
                                           C.O. 2218 of 2011

        Mr. R.G. Ram,
        Mr. R.B. Prasad,
                                   ... for the petitioner

        Mr. S. Basu,
        Mr. Debasish Roy,
                         ... for the opposite party


             The petitioner is aggrieved by the order dated 10.05.2011,
        whereby     while      granting         stay   of   all     further       proceedings        of
        Ejectment Execution Case No. 34 of 2011, the lower appellate Court
        directed him to pay Rs. 3,000/- per month as occupation charge.
             Mr.    Basu,        learned        advocate    for     the     respondent       in     the

appeal/opposite party herein submits that his client shall not proceed further in the executing Court since the appeal itself is fixed for hearing on 08.08.2011 and he seeks a direction on the lower appellate Court to dispose of the appeal as early as possible.

In view of such submission of Mr. Basu, I consider it unnecessary to pass any interim order. However, the lower appellate Court is directed to proceed with the hearing of the appeal on the date fixed i.e. 08.08.2011. The lower appellate Court shall also endeavour to dispose of the appeal as early as possible.

List this application on 24.08.2011 for reporting developments.

(Dipankar Datta, J)