ASHIS KUMAR CHAKRABORTY,J. - (1.) Although there were 11 defendants in the eviction suit, only the defendant nos.6 and 11 contested the suit. The defendant no.11 has filed an appeal being APDT No.6 of 2018 against the eviction decree before the Division Bench of this court. In the said appeal, the defendant no.11 also filed an application, GA No.1160 of 2018 praying for stay of operation of the eviction decree.
(2.) On August 6, 2018 the Division Bench passed an order directing stay of operation of the eviction decree till disposal of the appeal, subject to the following conditions : i] The appellant shall deposit 50% of occupational charges calculated at the rate of Rs.60 per sq. ft. on 42,000 sq. ft. [as submitted by the learned advocate for the appellant] from the date of the decree till this date with the Registrar, Original Side and the remaining 50% to the respondent no.1/plaintiff within a period of three weeks from date. ii] Thereafter, 50% of such occupational charges to be paid month by month to the Registrar, Original Side and the remaining 50% to the respondent no.1/plaintiff."
(3.) The defendant no.11, the appellant in the said appeal has not made deposit in terms of the above direction passed by the Division Bench on August 6, 2018. By an order dated June 26, 2019 the Division Bench recorded that the defendant no.11, the appellant in the said appeal has not complied with the conditions stipulated in the order dated August 6, 2018. By the said order, the Division Bench further directed that since there is no stay of operation of the decree the executing court shall proceed with the execution of the decree.;