Item- A-12. sg 13-07-2026 Ct. 6 CO 1517 of 2026 Chhabi Mukherjee Versus Pintu Das [ Mr. Soumyajit Bhatta Mr. Tamal Chakraborty …for the petitioner Mr. Ayan Banerjee Ms. Tanushree Sur (Aich) Ms. Snigdha Das …for the opposite party This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being No. 5 dated 23rd Mach, 2026 passed by the Learned Additional District Judge, 4th Court, at Barasat. By the impugned order, the operation of the judgment and decree passed by the learned Trial Judge has been stayed subject to the payment of occupation charges. The learned advocate appearing for the petitioner submits that the suit property is not in a habitable condition. In support of such contention, he draws the attention of the Court to the photographs annexed at pages 77 to 83 of the civil revisional application. He submits that the occupation charges fixed by the learned Judge of the Appellate Court is excessive and the same should be reduced. Mr. Banerjee, learned Advocate appearing for the opposite party, submits that a 15 feet wide road is running adjacent to the suit property. There is a market near the suit property. A State General Hospital and Eye Hospital are also situated within 10 minutes walking distance from the decreetal property. He further submits that a University is also situated within 2 kilometers from the decreetal property. He further submits that the learned Judge of the Appellate Court, after taking into consideration all materials, has fixed the occupational charge. After hearing the learned Advocates for the respective parties and considering the present condition of the suit property as it reflected from the photographs annexed to the civil revisional application, this Court finds that the property is in a damaged condition. For such reason, this Court is inclined to reduce the occupational charge to some extent. The occupational charges fixed by the learned Trial Judge as a condition for stay is reduced to Rs.7000/- per month. The impugned order stands modified only to the extent as indicated hereinbefore. The learned Judge of the Appellate Court is requested to dispose of the Title Appeal No. 54 of 2026 as expeditiously as possible without granting any unnecessary adjournments to either of the parties. The arrear occupational charges from February, 2026 till July, 2026 at the rate of Rs.7000/- per month, shall be paid on or before 9th October, 2026. The petitioner shall pay current occupational monthly charges from August, 2026 at the rate fixed by this Court and in the manner as indicated in the impugned order. With the above observations and directions, this civil revisional application stands disposed. Urgent photostat certified copy of this order, if 2 applied for, be supplied to the parties upon compliance of all formalities. (Hiranmay Bhattacharyya, J.) 3