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Showing contexts for: ejectment execution in Smt. Jaya Sarkar vs Smt. Tanusree Sarkar on 7 May, 2015Matching Fragments
Re: CAN 8543 of 2012 and CAN 11228 of 2013.
The appellant has filed the above second appeal against the decree for eviction passed by the lower appellate Court affirming the decree for eviction passed against her by the Trial Court. On August 20, 2013 the Division Bench of this Court admitted the second appeal. By an order dated December 23, 2014, the learned Single Judge passed an interim order in CAN 8543 of 2012 of the appellant unconditionally staying all proceedings in the Ejectment Execution Case No. 20 of 2012 before the Civil Judge, Junior Division, 2nd Court, at Alipore till the end of January, 2015. The said ad interim order was extended from time to time and the same is subsisting.
Mr. Ganguly appearing on behalf of the appellant prayed for ten installments to pay the arrear amount Rs. 4,95,000/- to the respondent.
However, Mr. Banerjee appearing for the respondent submitted that the appellant should be directed to pay the arrear occupation charges of Rs. 4,95,000/- in six monthly installments.
Considering the prayer of Mr. Ganguly and the submission of Mr. Banerjee, the appellant is directed to pay the said sum of Rs. 4,95,000/- by way of eight equal monthly installments of Rs. 61, 875/- from June, 2015. Apart from the said monthly installments of Rs. 61, 875/-from the month May, 2015, the appellant shall continue to pay the monthly occupation charges of Rs. 15,000/- to the respondent together with other charges of Rs. 3,000/- to the society of the building within the 10th day of each month. In the event, the appellant continues to pay the said sum as monthly installment of Rs. 61,875/- from the month of June, 2015 and also pays Rs. 15,000/- per month to the plaintiff/respondent on account of the monthly occupation charges from the month of May, 2015 within the tenth day of each month, there shall be stay of all further proceedings in the Ejectment Execution Case No. 20 of 2012 pending before the learned Civil Judge, Junior Division, 2nd Court, at Alipore till disposal of the second appeal.