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2025 Supreme(Online)(DC) 2

COMMERCIAL COURT AT ALIPORE
Smt. Suparna Ray, J
Mani Square Limited – Appellant
Versus
Shri Subhash Kumar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Jaydip Kar, Mr. Pranit Bag, Ms. Sayantani Das, Ms. Rituparna Chatterjee, Ms. Megha Yadav
For the Respondents: Mr. S. P. Mukherjee, Mr. Shuvasish Sengupta, Mr. Pushan Kar, Mr. Souvik Majumdar, Ms. Annapurba Banerjee, Ms. Ajeya Chowdhury

Table of Content
1. history and ownership of the suit property (Para 4 , 21 , 22 , 28)
2. plaintiff's claims regarding unauthorized possession (Para 6 , 7 , 18)
3. legal precedent on occupational charges (Para 10 , 19 , 37)
4. court's authority to order occupational charges (Para 31 , 39 , 44)
5. order for deposit of occupational charges (Para 46 , 48)

Order

Today is fixed for passing the Order of I.A. No.13 of 2023. Plaintiff and defendant nos. 2 to 6 file their respective haziras.

Now, the instant record is taken up for passing order in respect of the aforesaid I.A.

I.A. No. 13 of 2023

1. The instant application has been filed by the plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 praying for reliefs as stated therein.

2. Affidavit of opposition to the aforesaid application has been filed and reply to that has also been filed.

3. The contention of the plaintiff/petitioner herein has fully been germinated from the facts which have more-fully been delineated in the plaint as well as in the instant application. Epitome of such fact is as follows:

4. One Jitendra Nath Ghosh, the original owner of the property in question, by virtue of a deed

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