Garaj Narain Rai (Deceased) Through Legal Heirs Dipak Rai And ORS v. Ramesh Kumar Jaiswal And ANR

02.09.2025 SL No.15 Court No.16 (gc) FA 61 of 2025 CAN 2 of 2024 CAN 3 of 2025 CAN 5 of 2025 CAN 7 of 2025 Sri Garaj Narain Rai, (deceased), Through legal heirs, namely, Dipak Rai & Ors.

Vs.

Ramesh Kumar Jaiswal & Anr.

Mr. Sailesh Kumar Guputa, Ms. Aishwarya Rajyashree, Mr. Chandra Gupta Kamal ...for the Appellants.

Mr. Ashim Kr. Roy ...for the Respondents.

1.

The learned Counsel for the appellants submits that the appellants shall vacate the premises on or before 31st December, 2025 and has prayed for payment of the occupational charges of Rs.1 lakh by instalments.

2.

We direct the appellants to pay the occupational charges in four equal monthly instalments, first of which shall be paid within one week from date and all successive instalments shall be paid by 7th of each succeeding month. In default of making payment of initial or future occupational charge/charges, the decree shall become immediately executable.

3.

Subject to the fulfillment of the aforesaid conditions, the appellants shall remain in

possession till 31st December, 2025 and shall deliver vacant possession on that date.

4.

Accordingly, the appeal and the connected applications are disposed of.

5.

However, there shall be no order as to costs. 6.

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

(Soumen Sen, J.) (Apurba Sinha Ray, J.)