Calcutta High Court (Appellete Side)
Arsala Khan vs Land & Bricks & Entertainment Ltd on 29 November, 2019
Author: Biswajit Basu
Bench: Biswajit Basu
1 29.11.2019
(S/L-06) Ct.-18 (Susanta) C.O. 3960 of 2019 Arsala Khan
-Vs-
Land & Bricks & Entertainment Ltd.
Mrs. Usha Maity, Mrs. Nandini Mitra, Mr. Sanjay Saha.
....... For the Petitioners.
The judgment-debtor in a suit for eviction is the petitioner of the present revisional application under Article 227 of the Constitution of India. The petitioner has preferred Title Appeal No. 88 of 2017 against the decree suffered by him in a suit for eviction filed by the opposite party. An order of stay of all further proceedings of the execution case levied to execute the decree under challenge in the said appeal was passed by the appellate Court subject to payment of occupation charges at the rate of Rs. 18000/- per month from the date of decree. The said order was affirmed by this Court in C.O 1297 of 2018 by the order dated August 06, 2018. However, the time for payment of the arrear occupation charges was extended till end of October, 2018. 2 The petitioner in the connected execution case filed an application praying extension of time to deposit the arrear occupation charges on the ground that due to the intervention of the Puja Vacation of the Court the said amount could not be deposited within the aforementioned time.
The executing Court has dismissed the said application by the order impugned.
The petitioner is claiming that he is depositing the current occupation charges but due to unavoidable circumstances the arrear occupation charges could not be deposited within the aforesaid time.
The bona fide of the petitioner in paying the occupation charges requires further investigation.
The petitioner is directed to serve copy of the revisional application upon the decree-holder/opposite party by speed post with acknowledgement due intimating that the matter will come up in the Supplementary List on December 16, 2019 under the heading "New Motion".
The petitioner is required to serve a notice communicating this order to the learned advocate representing the decree holder/opposite party in the Court below.
There shall be stay of all further proceedings of Ejectment Execution Case no. 30 of 2018 pending before the 6th Bench of Presidency Small Causes Court, Calcutta till the end of December or until further order which ever is earlier.
3Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)