JUDGMENT :

Soumen Sen, J.

1. This appeal is arising out of an order dated 30th January, 2019 by which the application filed for stay of CS No. 152 of 2017 (hereinafter referred to as the “said application”) was dismissed.

2. The appellant is the defendant in Suit No. 152 of 2017.

3. The brief background of the said application is stated below:

4. The plaintiff filed a suit for eviction in 2010 before the learned City Civil Court against Shyam Engineering Company Pvt. Ltd. and Shyam Sel and Power Ltd., for recovery of an office space measuring about 2040 square feet more or less on the first floor of the premises situated at Ganesh Chandra Avenue, Kolkata (hereafter referred to as the “suit premises”). The plaintiff has prayed for eviction of Shyam Engineering Company Pvt. Ltd., inter alia, on the ground that the said tenant had sub-let the suit premises to Shyam Sel and Power Ltd. The suit decreed on 2nd September, 2015, on contest. Shyam Sel Ltd., preferred an appeal from such decree before a Division Bench of this Court, being FA No. 174 of 2016. By an order dated 13th July, 2016, the Division Bench granted unconditional stay of all further proceedings in the execution case for a peri