Gouri Sankar Banerjee v. Jayanta Kumar Das And ANR

23.09.2024 Item No.32 DL Ct.19 A.J. IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION C.O. 3386 of 2024 Sri Gouri Sankar Banerjee -Vs- Sri Jayanta Kumar Das & Ors.

Mr. Anupam Hait.

......for the petitioner.

Mr. S.T. Mina, Ms. Priyanka Das.

......for the opposite parties.

The petitioner has suffered a decree of eviction in Ejectment Suit No.173 of 2016 passed by the 2nd Bench of the Presidency Small Causes Court, Calcutta. The said decree has been put into execution giving rise to Title Execution Case No.123 of 2023.

The executing court by the order impugned dated July 30, 2023 has imposed condition of payment of Rs.20,000/-only towards the occupational charges for grant of an order of stay, as prayed for. The suit property is a two storied building at Sealdah, one of the prime locations of the city of Kolkata. In view of the extent of area comprised in the suit property and the urban amenities attached thereto, this Court is not inclined to interfere with the order impugned.

C.O. 3386 of 2024 is therefore dismissed without any order as to costs.

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

(Biswajit Basu, J.)