Tapan Purkayastha v. Amit Kumar @ Amit Guin And ANR.

SK Ct. No. 18 23.03.2021 C.O. No. 772 of 2021 (Via Video Conference) Tapan Purkayastha Vs.

Sri Amit Kr. @ Amit Guin & Anr.

Mr. Tilak Mitra ... For the petitioner. The petitioner suffered a decree of eviction and aggrieved by the said decree has preferred the Title Appeal No. 22 of 2018 which is pending before the 3rd Court of learned Additional District Judge at Barrackpore, District 24 Parganas (North).

The appeal Court below by the order impugned being Order No. 14 dated February 22, 2021 has fixed the occupational charges @ Rs. 5,000/- per month as the condition for stay of the execution case levied to execute the decree under appeal.

Learned counsel for the petitioner submits that the rate of the occupational charges fixed by the order impugned is disproportionate.

The order impugned was passed on consent of the parties.

Learned counsel for the petitioner sought to impeach the consent recorded in the order impugned. The law is well settled, if the parties intend to deny the consent recorded in any order, they must approach the Court which records such consent.

The revisional application against an order passed on consent of the parties is not maintainable. C.O. 772 of 2021 is accordingly dismissed.

No order as to costs.

It is made clear that this order will not prevent the petitioner from approaching the appeal Court below to dispute the recording of his consent in the order impugned.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)