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This revisional application has been filed challenging an order dated August 3, 2023, passed by the Additional District Judge, 10th Court at Alipore in Misc. Appeal No. 30 of 2023. The said misc. appeal arose out of an order dated January 18, 2023 passed in Misc. Case No. 208 of 2017. Misc. Case No. 208 of 2017 arose out of Ejectment Execution Case No. 10 of 2016.

The premises in question is premises No. B/168/A/H/1, Tiljala Road. The defendants were directed to hand over vacant and khas possession of the suit property as described in the schedule of the plaint in favour of the petitioner. The decree was put into execution. Such decree was challenged in Ejectment Appeal No. 78 of 2016. The Ejectment Appeal No. 78 of 2016 has since been dismissed.

Zubaida Hamid, the petitioner herein, obtained an eviction decree against Ramlal and others in respect of a separate premises. It is a matter of record that the judgment and decree in the eviction suit was challenged by Rashida as the constituted attorney of Ramlal and others (judgment debtors). During the pendency of the ejectment appeal a stay was granted in favour of Rashida on the condition that occupational charges of Rs.50,000/- per month should be paid to the decree holder.