Sl.11 18.08.2026 Court No.6 BP C.O. 2673 of 2026 Sri Bhaskar Bodhak -versus- Smt. Beauty Chatterjee Mr. Uddipan Banerjee Mr. Subhrakanti Samanta ..for the petitioner This application under Article 227 of the Constitution of India is at the instance of the judgement debtor and is directed against an order dated 10th July, 2026 passed by the Learned Civil Judge (Junior Division), 7th Court at Howrah in Misc. Case No.25 of 2020 arising out of Title Execution Case No. 57 of 2019 arising out of Title Suit No. 210 of 2018. By the order impugned the learned judge of the executing court passed an order of stay of all further proceedings of the execution case subject to the condition that the petitioner shall pay occupation charges at the rate fixed in the impugned order with effect from the date of passing of the decree. The learned advocate appearing for the petitioner submits that the learned judge of the executing court without giving any opportunity to the respective parties to produce evidence with regard to the market rate of rent of the decreetal property fixed an unreasonable amount on account of occupation charges. 2 The petitioner has suffered an eviction decree which was passed on 22nd February, 2019. The suit property which has been described in the schedule of the plaint is all the piece and parcel of one one cottah eight chittaks bastu land together with two storied building standing thereon at holding no. 18/3 Kumar Para Lane under P.S. Bantra in the District of Howrah. The petitioner is in possession of the decreetal property. Unless further proceedings of the execution case is stayed the petitioner will suffer irreparable loss and injury as the petitioner shall be evicted in execution of the eviction decree. This Court also cannot lose sight of the fact that any order of stay would result in depriving the decree holder from enjoying the fruits of the decree. To the mind of this Court the petitioner is liable to pay occupation charges for retaining possession of the decreetal property during the pendency of the miscellaneous case. Considering the extent of the suit property this Court is of the considered view that the learned judge of the executing court was right in fixing the occupation charges at Rs. 8,000/- per month with effect from the date of passing of the decree i.e. on 22nd February, 2019. For such reason, this Court is not inclined to interfere with the order impugned. Accordingly, C.O. 2673 of 2026 stands dismissed. 3 After this order is passed the learned advocate appearing for the petitioner submits that the petitioner be permitted to deposit the occupation charges as directed in the impugned order in instalment. It will also be open to the petitioner to approach the learned executing court for extending the time limit to deposit the current occupation charges. If such prayer is made, the learned Judge shall consider the same upon affording an opportunity of hearing to the respective parties. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)