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2026 DAILYLAW 41600 (CAL)

SABINA BEGUM v. RASIDA BEGUM AND ANR

CO/3252/2026 · 2026-09-18

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L- 30 18/09/2026 Ct. No.- 6 Aritra C.O. 3252 of 2026 Sabina Begum Vs. Rasida Begum & Anr. Mr. Arup Krishna Das Ms. Afsana Khatun ….for the petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant no.1-appellant and is directed against an order being No.9 dated August 17, 2026 passed by the learned Additional District Judge, Fast Track, 1st Court, Serampore, District-Hooghly in Title Appeal No.51 of 2025. By the order impugned the further proceeding of the execution case was stayed subject to payment of occupation charges at Rs.2,000/- per month by the petitioner to the opposite party on and from the month of June, 2025. The petitioner has suffered a decree for eviction in a suit instituted by the opposite party for eviction upon revocation licence. After going through the extent of the decretal property which is the subject matter of the appeal and its location, this Court is of the considered view that the occupation charges fixed by the learned judge of the appellate court cannot be said to be an unreasonable one. When the learned judge of the appellate court in exercise of its discretion after taking into consideration all the aspects have fixed the occupation charges, this Court is not 2 inclined to interfere with such exercise of discretion as a condition of stay of the execution case. Accordingly, CO 3252 of 2026 stands dismissed. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)