JUDGEMENT
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(1.) Affidavit of service, filed in Court today, be taken on record.
(2.) This revisional application is directed against Order No. 28 dated 22nd February, 2016 passed by the learned Judge, 13th Bench, City Civil Court at Calcutta in Miscellaneous Case No. 2722 of 2015.
(3.) The petitioners are the decree-holders before this Court. The suit was decreed on 29th November, 2012. Against the judgment and decree an appeal was preferred by the judgement-debtor being F.A. 157 of 2014. On an application for stay in connection with the said appeal this Hon'ble Court passed an Order on 7th May, 2014. The relevant portion of the Order dated 7th May, 2014 is set out herein below:
" The learned counsel appearing for the appellant prays for stay of operation of the decree.
We grant such prayer on condition, the appellant would regularly pay Rs.1,000/- per month as occupation charges on and from December, 2012 till the disposal of the appeal. The payments to be made by the appellant and received by the respondents, would be without prejudice to their rights and contentions in the appeal.
The arrear payments may be made by six equal monthly instalments payable along with current occupation charges commencing from May, 2014. The first of such occupation charges would be paid on May 15, 2014 and thereafter on the 15th day of each succeeding month.
Mr. Sen informs the bank account number of the respondent no.4 who is authorised to accept the occupation charges on behalf of all the respondents. The details of the said bank account are given below :-
"Mr. Subrata Manna
Bank of India,
Sealdah Branch,
S/B. A/c. No. 402710110000"
The appellant would either deposit the money in the account or electronically transmit the same, positively on or before 15th day of each month, so directed above.
This appeal would be heard on the grounds mentioned in the Memorandum of Appeal.";
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