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2022 Supreme(Cal) 838

BIBHAS RANJAN DE
Tapas Ranjan Kundu Chowdhury @ Tapas Ranjan – Appellant
Versus
Archana Mukherjee – Respondent


Advocates appeared:
Sabita Mukherjee Roy Chowdhury, Advocate, Rajasree Paul, Advocate, Sanket Das, Advocate

JUDGMENT

Bibhas Ranjan De, J. - This revision application under article 227 of the Constitution of India is directed against the Order No. 9 dated 28th September, 2018, passed by the Ld. Chief Judge, City Civil Court at Calcutta in connection with Title appeal no. 15 of 2018.

2. Petitioner/respondent filed one eviction suit being no. 333 of 1986 (re-numbered as 1898 of 2001). The said suit was decreed on 30th November 2017 by the Ld. Judge, 2nd Court, Presidency Small Causes Court at Calcutta.

3. Being aggrieved by and dissatisfied with the said judgement and decree preferred an appeal being Title appeal no. 15 of 2018. In the appeal, opposite parties/ appellants presented one application for stay of execution and the Ld. Judge passed an order on 31st July, 2018 directing stay of the judgement and decree passed in Title suit No. 1898 of 2001 subject to payment of occupational charge @ Rs. 10,000/- per month with effect from, the date of decree i.e 30th November 2017.

4. Being aggrieved, opposite parties/ appellants filed one application under Section 151 Civil Procedure Code with a prayer for reconsideration of occupational charge of Rs. 10,000/- per month to any reduced amount. accord

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