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In this application although the appellants have prayed for stay of all further proceedings in Ejectment Execution Case No. 5 of 2009 and Ejectment Execution Case No. 9 of 2014, but Mr. Ghosh, learned counsel appearing for the respondent-plaintiff-landlord, submitted that the Ejectment Execution Case No. 9 of 2014 has been dismissed for non prosecution.

The appeal arises out of the judgment of affirmance passed by the lower appellate court and passing the eviction decree against the appellants. Admittedly, the suit property at 62/A/H/43, Satin Sen Sarani, formerly known as Manicktala Main Road is situate in the heart of the city of Kolkata. The suit property is a workshop comprising an area of 1350 square feet approximately. The appellants are carrying on their business from the suit property.

There shall be an unconditional stay of the Ejectment Execution Case till September 11, 2015. In the event the appellants petitioners continue to deposit the monthly instalments of arrear occupation charges, together with the monthly occupation charges, within the period mentioned above, there shall be an order of stay of Ejectment Execution Case No. 5 of 2009 till the disposal of the appeal. However, it is made clear that in the event there is any default on the part of the appellants petitioners to deposit any of the monthly instalment or the monthly occupation charges within the time period as mentioned above, the interim order of stay of the execution proceeding granted by this order shall stand automatically vacated without any further reference to this Court and the respondent shall be entitled to proceed with the execution proceeding.