Jyotirmay Bhattacharya, J.

1. This First Miscellaneous Appeal is directed against an order being No. 14 dated 26th April, 2016 passed by the learned Civil Judge, Senior Division, 1st Court at Barasat, in Title Suit No. 10843 of 2014 at the instance of the defendant/appellant.

2. By the impugned order, the plaintiff's application under Order 39 Rule 10 of the Code of Civil Procedure was allowed on contest with costs. The defendant/appellant was directed to clear all arrear occupational charges within three months from the date of communication of the impugned order in terms of the observation made in the body of the order and continue to pay the current occupational charges within seven days of every succeeding month. The defendant/appellant was further directed to show payment receipt on the next day as regards payment of maintenance charges in terms of Clause 23 of the term-sheet in favour of the Bengal Peerless so that the Court can ascertain as to whether it has paid those charges to Bengal Peerless or not.

3. The legality of the said order of the learned Trial Judge is under challenge in this First Miscellaneous Appeal.

4. Let us now consider the legality of the impugned