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In Re.: C.A.N. 2105 of 2016 This is an application at the instance of the appellants in the second appeal. The appeal has been filed against the judgment and decree passed by the learned first appellate Court thereby affirming the judgment and decree for eviction passed by the learned trial Court against the appellants.

The appellants filed an application, being C.A.N. 2550 of 2015, praying for stay of the Ejectment Execution Case No. 5 of 2009 pending before the Court of the learned Civil Judge (Junior Division), Additional Court at Sealdah, District-South 24-Paargans. By an order dated August 31, 2015, the said application was disposed of by this Court with a direction that subject to deposit of arrear occupation charges amounting to Rs.2,40,000/- by way of six monthly instalments of Rs.40,000/- each and deposit current occupation charges at the rate of Rs.20,000/- by the appellants with the learned Registrar General of this Court, the said execution proceedings shall remain stayed till the disposal of the second appeal. By the said order this Court directed the appellants to deposit the first monthly instalment of arrear occupation charges for Rs.40,000/- with the learned Registrar General of this Court within September 10, 2015 and thereafter, the balance instalments of arrear occupation charges together with the current monthly occupation charges for the month of September, 2015 onwards shall be deposited by the appellants within the 10th day of each succeeding month. In the said order it was made clear that in the event of any default on the part of the appellants to deposit any of the instalments of the arrear occupation charges or the current monthly occupation charges within the time mentioned above, the stay of the execution proceedings shall stand automatically vacated without any further reference to this Court.