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24.12.2025

SL No.5

Court No.6

(gc)

CO 2366 of 2025

Shyamal Chandra Das

Vs.

Bidhan Chandra Roy & Ors.

Mr. Siva Prasad Ghose,

Mr. Sujit Sahoo

…..for the Petitioner.

Mr. Debashis Roy

…for the Opposite Parties.

1. The petitioner is aggrieved by an order dated June 13,

2025 passed by the learned Additional District Judge,

1st Court at Barrackpore in Title Appeal No.40 of 2024.

An eviction suit was decreed on May 16, 2024 by the

learned Civil Judge (Junior Division), 1^st Court,

Barrackpore. Title Appeal No.40 of 2024 was preferred

by the judgment-debtor. Upon apprehending that title

execution case would be filed by the decree-holder, an

application for stay was filed before the learned Appeal

Court. The decree-holder also filed an application for

payment of occupational charges, in the event an order

of stay is passed. The Court found that the

defendants were defaulters and did not deposit the

arrear rent. The defence had been struck off. That the

defendants had deliberately not paid the rent in terms

of the order of the learned Trial Court. They were

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trying to linger the suit. Thus, the prayer for stay was

rejected.

2. The application for payment of occupational charges

filed by the decree-holder was kept for hearing.

3. The learned Court misdirected itself in rejecting the

application for stay on the ground that, the defendants

were defaulters and by filing the application for stay,

the defendants were deliberately lingering the suit.

The suit has already been decreed. The Title Appeal

was preferred. Whether the defendants were rightly

found to be defaulters is an issue which will be

decided in the appeal. However, the appeal will

become infructuous if the decree is executed. Thus,

the prayer for stay was made. The law is well-settled

that, such stay can only be granted in case of an

eviction decree, if the occupational charges at the

market rate are paid.

4. Thus, this Court is of the view that the order

impugned should be set aside and it is, accordingly,

set aside.

5. The learned Appeal Court is directed to hear the

application for stay of the Title Appeal along with the

application for payment of occupational charges filed

by the decree-holder and pass necessary orders.

6. The petitioner will deposit a further sum of

Rs.10,000/- before the learned Executing Court, over

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and above, the amount already deposited by direction

of the Coordinate Bench. Such amount shall be

adjusted with the occupational charges that shall be

directed by the Court to be paid as a condition for

grant of stay, upon disposal of the application.

7. Question of monthly occupational charges will be

decided by the learned Court, upon hearing the parties

in the pending application.

8. Till the decision is taken by the learned Appeal Court,

there shall be status quo with regard to the possession

of the property in question.

9. As the decree-holder has been suffering, the learned

Court is directed to dispose of all the proceedings

expeditiously.

10. Accordingly, the revisional application is disposed of.

11. There shall be no order as to costs.

12. Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)