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Calcutta High CourtCO/3320/2023disposed

Smt. Dipika Bhowmik v. Sri. Narayan Chandra Ghosh And ORS

2023-10-16Hon'Ble Justice Hiranmay Bhattacharyya2 pages

16.10.2023 AN/Ct. No.25 CO 3320 of 2023 Smt. Dipika Bhowmick versus Sri Narayan Chandra Ghosh & ors.

Mr. Satyam Mukherjee Ms. Sayani Ahmed Mr. P. S. Ghosh ... for the petitioner The petitioner has challenged an order being no. 57 dated 05.08.2023 passed by the 1st Court of learned Civil Judge, Junior Division at Barasat, North 24 Parganas in Misc. Case no. 18 of 2023.

By the order impugned, the learned judge directed the petitioner to pay a sum of Rs. 6000.00 p.m. to the opposite parties till the disposal of the Misc. Case. It appears from the record that the suit property is a shop room.

Since the petitioner is exploiting the suit property for commercial purpose, this Court is of the considered view that the occupation charges fixed by the learned court below are reasonable and justified. In view thereof, this Court is not inclined to interfere with the impugned order. At this stage, learned counsel appearing for the petitioner submits that the Misc. Case is otherwise ready for hearing and a direction may be passed for expeditious disposal of the said Misc. Case.

In the result, the instant civil revisional application stands disposed of by requesting the learned court below to take up the hearing of the Misc. Case, if the same is otherwise ready for hearing and dispose of the same as expeditiously as possible on or before 30.06.2024 without granting any unnecessary adjournments to either of the parties.

There will be no order as to costs.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Hiranmay Bhattacharyya, J.)