D/L.38.

January 27, 2026.

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MNS FA No. 362 of 2025 +

CAN 1 of 2025 Rajesh Bharti Vs.

Rajesh Goyal and another Mr. Bhudeb Chatterjee, Mr. Sailesh Mishra, Mr. Prosenjit Das, Mr. Tulsi Nath Jha … for the appellant. Mr. Shounak Ghosh, Ms. Shreyashi Maity …for the respondents.

Re : CAN 1 of 2025 (stay of execution case)

1. The present application is one for stay of an execution case levied pursuant to the impugned decree of eviction.

2. Learned counsel appearing for the appellant submits that the suit premise is situated in the interior portion of a locality, somewhat away from the main thoroughfare.

3. It is further submitted that in view of the area of the suit premises being roughly 1200 square feet, the occupation charges ought to be nominal.

4. Learned counsel appearing for the respondents, on the other hand, submits that the occupation charges, keeping in view the locality of the suit premises, should at least be Rs.70,000/- per month.

5. Although learned counsel for the respondents seeks to rely on a purported Valuer’s report at the time of hearing, we do not permit the respondents to do so, since despite having ample opportunity to file affidavit-in- opposition and after having already fil