Syamal Kanti Chakrabarti, J.:

1. The present application has been filed for vacating conditional stay order dated 11.08.2009 passed in S. A. T. No. 194 of 2009 with C.A.N. 4442 of 2009 passed by a Division Bench of this Hon’ble Court and for fixation of occupational charges under order 21 rule 26 read with Section 151 CPC.

2. The petitioner has contended that he filed Title Suit No. 299 of 1996 before the 4th Court of the Learned erstwhile Munsif at Alipore, South 24 Parganas against the defendant for eviction from the suit premises and recovery of Khas possession on grounds of bona fide reasonable requirements and default with prayer for mesne profits for wrongful use and occupation of the suit property. Upon hearing both the parties the Learned Trial Court decreed the suit on contest on 25.04.2007 and the defendant was directed to deliver possession of the suit property within fifteen days from the date of the order failing which the plaintiffs will be at liberty to execute the same in due process of law. The suit was decreed mainly on grounds of default in payment of rent of Rs. 9,987.83 and the defendant was directed to deposit the said amount in five instalments. T