- (1.) This Court has heard the learned Advocates for the respective parties in respect of the application being CAN 2548 of 2011. The respondents had filed the eviction suit concerned against the appellant and in such suit the respondents had also prayed for mesne profits. The learned Trial Court by its judgment and decree dated 10th June, 2009 decreed the said suit by granting a decree for ejectment of the appellant from the suit property and the appellant was directed to deliver vacant peaceful possession of the suit property in favour of the respondents within 30 days from the date of the said judgment and decree. The learned Trial Court also passed an order of mesne profits which may be determined in terms of the provisions of order 20 Rule 12 of the Civil Procedure Code. The appellant filed the title appeal concerned against the judgment and decree passed by the learned Trial Court and the learned lower Appellate Court by judgment and decree dated 31st January, 2011 dismissed the said title appeal oil contest. It further appears that a cross-appeal which was filed by the respondents was allowed and the findings of the learned Trial Court with regard to the point No. 3 was set aside and the judgment and decree passed by the learned Trial Court was affirmed with modification in light of the observations made by the learned lower Appellate Court.
(2.) Challenging the said judgment and decree passed by the learned lower Appellate Court the appellant has preferred the instant appeal.
(3.) The instant appeal has been admitted by an Hon'ble Division Bench of this Court by Order dated 29th April, 2011. It appears that the present application for stay of all further proceedings in the ejectment execution case concerned was moved and the said Hon'ble Division Bench by the said order dated 29th April, 2011 was pleased to give directions for filing of affidavit-in-opposition and affidavit-in-reply. As it appears that the learned Advocate for the respondents had appeared before the Court on the said day and the Office was directed to incorporate the caveat in the records of the case. The Hon'ble Division Bench by the said order dated 29.4.2011 was pleased to direct that the application for stay should come up for hearing before the appropriate Bench and the said Hon'ble Court was pleased to grant stay of further proceedings in the ejectment execution case No. 9 of 2009 pending before the learned Civil Judge (Junior Division), Additional Court at Sealdah, South 24-Paraganas, during the pendency of the application. Their Lordships were pleased to clarify that the pendency of the appeal shall not prevent the learned Trial Judge from proceeding with the mesne profits-proceedings, but the said learned Trial Judge shall not pass the final order without the leave of this Court.;