BIREN MOHANTY Vs. SRI KASHI NATH DEY

JUDGEMENT

(1.) The petitioner and the opposite party no. 1 are represented through their learned counsel in court today.

(2.) C. O. No. 459 of 2019 has been preferred by a third party/judgment-resistor against an order, whereby occupation charges were imposed by the executing court for grant of stay of execution of the connected eviction decree in connection with the application filed by the petitioner under Order XXI Rules 97-101 of the Code of Civil Procedure, bearing Miscellaneous Case No. 1595 of 2018.

(3.) C. O. No. 750 of 2019 has been filed by the third party/judgment-resistor against a subsequent order refusing a further prayer for stay made by the petitioner. Since C. O. No. 750 of 2019 is consequential to C. O. No. 459 of 2019, the latter is taken up first for adjudication.