SABYASACHI BHATTACHARYYA,J. - (1.) The facts of the present case are rather peculiar. The petitioner obtained an eviction decree against the judgmentdebtors/opposite parties and levied execution by way of Ejectment Execution Case No. 86 of 2013. Meanwhile, the opposite parties preferred an appeal against the eviction decree and took out an application for stay of execution of eviction decree in connection with the said appeal. Initially, such prayer for stay was refused by the appellate court, which was challenged by the judgment-debtors in revision before this Court, thereby giving rise to C.O. No. 131 of 2014. A co-ordinate bench of this Court, by order dated March 03, 2014 allowed the said revisional application, granting stay of the execution proceeding till disposal of the title appeal, subject to payment of all arrear occupation charges and current rent regularly by the judgment-debtors. Thereafter, a dispute arose as to the quantum of the occupation charges payable in terms of the order dated March 03, 2014. An application was taken out by the petitioner with a prayer to direct the judgment-debtors to pay Rs. 66,675/- per month as damages/mesne profits. On the other hand, the judgment-debtors/opposite parties filed an application for permission to deposit arrears rent for the months of June, 2013 to March, 2014 at the rate of Rs. 80/- per month, along with current rent. The appellate court, vide Order No. 14 dated May 05, 2014, refused the prayer of the present petitioner, but allowed the application of the judgment-debtors/opposite parties by permitting the opposite parties to deposit arrears of rent and current rent at the rate of Rs. 80/- per month.
(2.) Being aggrieved with such order dated May 05, 2014, the present petitioner preferred a civil revision, bearing C.O. 1993 of 2014, along with an application for review of the order of this Court dated March 03, 2014, giving rise to R.V.W. 171 of 2014. Such subsequent revisional application and review petition were disposed of together by an order dated September 16, 2016, whereby the same co-ordinate bench of this Court clarified that the appellate court was to revisit the arrear occupation charges and current rent strictly in the light of the law laid down in Re: Atma Ram properties (P) Ltd., thereby further clarifying that such was the expression of intent in the order dated March 03, 2015.
(3.) It is submitted on behalf of the present petitioner that subsequently there has been no re-assessment of the occupation charges payable by the judgment-debtors by the appellate court.;