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IN THE HIGH COURT AT CALCUTTA
BIBHAS RANJAN DE
Sk. Golam Lal Chand – Appellant
Versus
Raihan Mullick – Respondent
JUDGMENT :
Bibhas Ranjan De, J.
1. This revisional application has been filed challenging the order dated 31st January, 2022 passed in connection with Title Appeal No.219 of 2019 whereby the learned Additional District Judge, Fast Track Court-II, Howrah Sadar, passed an order staying operation of the judgment and decree passed by the learned Civil Judge (Junior Division), 7th Court at Howrah in connection with Title Suit No.246 of 2012 while disposing of an application for stay of execution as well as one application under Order XLI Rule 5 of the Code of Civil Procedure (in short, CPC).
2. Learned counsel appearing on behalf of the petitioner has submitted that the Learned Trial Judge stayed the operation of the judgment and decree on an application filed on behalf of the opposite party herein in respect of one application for stay of all further proceeding in connection with Title Execution Case No.108 of 2019, pending before the Learned Appellate Court, but the learned Trial Judge disposed of both the applications together and ultimately stayed the operation of the judgment and decree passed in Title Suit No.246 of 2012.
3. Learned counsel appearing on behalf of the petitioner has dr
The executing court cannot stay execution of its own decree; such authority lies with the appellate court.
In judicial proceedings involving ejectment under Rent Act, execution orders should be stayed during appeals to prevent serious civil consequences and ensure fair trial.
An Appellate Court's imposition of onerous conditions for stay of eviction decrees must be just and reasonable, reflecting equity principles under Order XLI Rule 5 of the CPC.
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.
Stay of operation of judgment is not the same as staying operation of proceedings under a decree or staying execution of a decree.
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