Bibek Chaudhuri, J. - (1.) Ref. C.A.N. 5875 of 2017:- This is an application for enhancement of occupational charges filed by the respondents/petitioners. It is stated by the petitioners that the respondents as plaintiffs filed Title Suit No.252 of 2004 for eviction of the appellant/opposite party. The suit was decreed. The appellant preferred first appeal which was also dismissed on contest. Against the concurrent findings of fact, the defendant/appellant have preferred second appeal being S.A. 95 of 2015 before this court which is pending for final disposal. Previously, upon an application (CAN 8354 of 2014) filed by the appellant/opposite party praying for stay of Execution Case No.28 of 2013 till the disposal of the second appeal, a coordinate Bench of this court passed a conditional order of stay directing the appellant/opposite party to pay monthly occupation charges of Rs.5,500/- to the respondent no.1 from the month of April 2016 within the 7th day of each month till the disposal of the appeal.
(2.) The present application has been filed by the respondents/petitioners stating, inter alia, that the learned Judge while disposing of the CAN 8354 of 2014 was pleased to observe as follows:- "The suit property is situated at Kasba, which is presently one of the prime locations of the city of Kolkata and by no means the present market rent of the suit property cannot be less than Rs.30/- per square foot."
(3.) In the instant application, the petitioners have stated that the appellant/opposite party is liable to pay mesne profits at least at the rate of Rs.20,000/- per month considering the rate of rent with effect from April 2013. Therefore, they have prayed for enhancement and/or modification of the occupation charges to be paid by the opposite party till the disposal of the instant appeal.;