JPD. 22.

August 1, 2025.

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MNS CALCUTTA HIGH COURT In The Circuit Bench at Jalpaiguri Appellate Side CO No. 151 of 2025 Suraj Buildcon Private Limited Vs.

Shri Dhanilal Roy and another Mr. Shaktinath Mukhopadhyay, Ld. Snr. Adv., Mr. Debasish Mukhopadhyay, Mr. Rajat Das, Ms. Srijana Thapa … for the petitioner. Mr. Shashi Kanodia …for the opposite party no. 1.

1. By the impugned order in the present revision, the learned First Appellate Court granted an stay in connection with an eviction decree passed in favour of the revisionist petitioner under Order XII Rule 6 of the Code of Civil Procedure.

2. The suit was filed on the premise that the opposite party no. 1, being a caretaker, is a licensee of the premises.

3. In the written statement, the opposite party no.

1 admitted that he is a caretaker and accordingly, a judgment was passed in the eviction suit on admission.

4. Subsequently, an appeal was preferred against the said decree, where the opposite party prayed for an order of stay. Such stay was granted by the impugned order without imposition of occupation charges.

5. Learned senior counsel appearing for the petitioner submits that it is a well-settled position of law since long that for