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SHAMPA SARKAR
Paramjit Kaur – Appellant
Versus
Nilima Roy – Respondent
JUDGMENT :
Shampa Sarkar, J.
1. Both the revisional applications arise out of the order dated April, 3, 2024, passed by the learned Additional District Judge 9th Court, Alipore in Title Appeal No.5 of 2024. The applications were heard together.
2. By the order impugned, the application dated February 5, 2024 filed by the judgment debtors, for stay of the execution of the judgment and decree dated October 9, 2023 passed in Title Suit No. 5 of 2016 was disposed of along with an application dated February 27, 2024 for payment of occupational charges filed by the decree holder. The petitioners in C.O. 1310 of 2024 are the judgment debtors and the petitioner in C.O. 1437 of 2024, is the decree holder.
3. By the order impugned, Execution Case No. 4 of 2024 was stayed till disposal of the appeal, subject to the judgment debtors depositing a sum of Rs.85,000/-per month as occupational charges with effect from the date of the decree, within 10th of each succeeding month. First of such deposit was to be made within April 10, 2024 and the arrear occupational charges from October 2023 till March 2904 was directed to be deposited in the same manner within two months from the date of the order. It w
The main legal point established in the judgment is the discretionary power of the court to determine the quantum of occupational charge based on the nature, location, and value of the property, and ....
Appellate courts have discretion in awarding stay conditions but cannot modify final orders unless new substantial evidence justifies such action; past decisions are binding under the principle of re....
Appellate courts have the authority to set reasonable terms for occupational charges during stays on eviction orders, considering current market values.
The court established that occupational charges must be reasonable and based on a fair assessment of the property, especially in cases involving ex-parte decrees.
The main legal point established in the judgment is the application of equitable principles and consideration of prevailing market rates to determine the reasonableness of the occupational charge for....
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