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 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 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 misdire