Calcutta High Court (Appellete Side)
Prativa Chakraborty vs Tapan Kumar Palit & Ors on 3 October, 2013
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
1
147 03.10. S.A. 262 of 2013
ns 2013
Prativa Chakraborty.
- Versus -
Tapan Kumar Palit & ors.
Mr. Probal Kumar Mukherjee,
Mr. Sukanta Chakraborty .... For the appellant.
Mr. Debasish Roy ... for the respondent no.1.
Re: CAN 9938 of 2013 This appeal would be heard.
Mr. Debasish Roy, learned counsel appears for the respondent no.1, hence service of notice of appeal upon the said respondent is dispensed with.
The appellant is directed to put in requisites for service of notice of appeal upon the rest respondents within one week after long vacation.
Let the lower Court records of this case be called for through special messenger immediately. Mr. Roy wants to put in special messenger costs and also wants to file informal paper book. Let him do so.
Mr. Roy is directed to deposit the special messenger costs to bring the lower Court records within one week after long vacation.
After arrival of the lower Court record, office shall examine the same and if found complete, shall serve notice of arrival of lower Court record on the learned Advocate for the respondent no.1 at once.
The respondents are given liberty 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 four weeks from the date of service of notice of arrival of lower Court record on the learned Advocate for the respondent no.1.
As soon as the paper book is filed, place it for 'for hearing' in default of steps being not taken, place it for final orders.
In the meantime, the appellant would go on making payment of occupation charges at the rate of Rs.5,000/- per month on and from March, 2012 till the disposal of the appeal. The arrear may be paid in 12 equal monthly instalment payable along with current occupation charges to be paid from October, 2013 and would be paid within 7th of each succeeding month. The payment may be made 2 direct to the respondent no.1 and he would receive the same without prejudice to his rights and contentions in the appeal.
The ejectment execution case No.10 of 2012 pending before the learned Civil Judge (Junior Division), Alipore would remain stayed till the disposal of the appeal.
In default of payment of any of the aforesaid amounts, this order would stand recalled and the respondent / landlord would be free to proceed with the execution.
The application being CAN No.9938 of 2013 is disposed of without any order as to costs.
Urgent certified copy of this order, if applied for, be given to the parties, on priority basis.
( Banerjee, J. ) ( Indrajit Chatterjee, J. )