Court No. 6 (265719) 24.08.2026 (AD 14) (S. Banerjee) CO 2735 of 2026 Jayanta Pal Vs. Sasadhar Pal & Anr. Mr. Chittapriya Ghosh Mr. Aniruddha Sinhg Roy Ms. Priyanka Saha …for the petitioner This application under Article 227 of the Constitution of India is at the instance of the appellant in Title Appeal No. 8 of 2026 and is directed against order no. 5 dated July 13, 2026 passed by the learned Additional District Judge, 1st Court at Serampore. By the order impugned the application filed by the petitioner to reduce the occupation charges, stood rejected. Mr. Ghosh, learned advocate appearing for the petitioner submits that the suit property is a mud house and the occupation charges at the rate of Rs. 6,000/- is an excessive one. Record reveals that initially the occupation charge was fixed at Rs. 10,000/- per month. The petitioner prayed for remission of the occupation charges and on such prayer the occupation charge was reduced from Rs. 10,000/- to Rs. 6,000/-. Thereafter the petitioner again filed 2 another application for a further remission of the occupation charge by fixing a sum of Rs. 1,500/- to Rs. 2,000/- per month instead of Rs. 6,000/-. The learned Judge of the appellate court after considering the prayer of the petitioner reduced the monthly occupation charge from Rs. 10,000/- to Rs. 6,000/-. This Court is not inclined to interfere with such rate of occupation charges fixed by the learned Judge of the appellate court under Article 227 of the Constitution of India. At this stage Mr. Ghosh learned advocate appearing for the petitioner prays for liberty to deposit the arrear occupation charge and for extending the interim order. There shall be an unconditional order of stay of operation of the judgment and decree passed by the learned trial judge in Title Suit No. 41 of 2024 till September 28, 2026. In the event the petitioner pays the entire occupation charges at the rate of Rs. 6,000/- per month calculated from the date of judgment and decree passed by the learned trial judge till the month of August, 2026 on or before September 28, 2026, the said interim order shall continue till the disposal of the appeal subject to the condition that the petitioner shall go on paying current occupation charges at the 3 rate of Rs. 6,000/- per month with effect from September, 2026 within the 7th day of each succeeding English calendar month to the opposite- party herein. It is, however, made clear that in the event a default in making payment of either the arrear occupation charges or any of the current charges within the time limit indicated hereinbefore, the order of stay shall automatically stand vacated without any further reference to this Court and the opposite-party shall be entitled to proceed with the execution case. With the above observation and direction, this civil revision stands disposed of. (Hiranmay Bhattacharyya, J.)