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By virtue of the impugned orders, the appellate court below refused the petitioners' prayer for stay of Ejectment Execution Case No. 3 of 2016. The opposite parties obtained an eviction decree against the petitioners. Such decree having been passed ex parte, the petitioners took out an application under Order IX Rule 13 of the Code of Civil Procedure, giving rise to Miscellaneous Case No. 3 of 2016.

It is seen from an order dated May 17, 2016, passed in ejectment execution case, that previously an order of stay was granted during pendency of the application under Order IX Rule 13 of the Code of Civil Procedure, on condition that the judgment- debtor would go on paying Rs.5,000/- per month as occupation charges and would deposit a sum of Rs.10,000/- as advance within the time stipulated in such order.

In the circumstances, there will be an order of stay of all further proceedings in Ejectment Execution Case No. 3 of 2016, pending before the Civil Judge (Junior Division), Additional Court at Sealdah till June 15, 2018 or until further orders, whichever is earlier, on condition that the petitioners would go on depositing in the executing court Rs.5,000/- (Rupees Five Thousand only) per month as occupation charges, for each month by the fifteenth of such month itself, beginning from April, 2018. In default of payment of any such instalment, the order of stay hereby granted shall automatically stand vacated without further reference to this Court.