SUNKURU RAGHAB RAO Vs. KRUSHNA SINGH PADHI

JUDGEMENT

(1.) THE Petitioner has filed this Writ Petition challenging the Order Dated 16.11.2012 passed by the Learned Civil Judge (Senior Division), Bhubaneswar in C.S. No.1930 of 2011 directing the Petitioner to pay Rs.60,000/ - per month as occupation charges with effect from 21.11.2011 and deposit the said amount before it through challan on 10th of each month.

(2.) FROM the record, it appears that this Court earlier in WP(C) No.8517 of 2012 disposed of on 19.10.2012 directed the Learned Civil Judge (Senior Division), Bhubaneswar to dispose of Civil Suit No.1930 of 2011 expeditiously as the matter is ready for hearing, preferably by end of June, 2013 and further directed that if the Opp. Parties file an appropriate application before the court below for payment of occupation charges by the Petitioner over the said property during pendency of the suit, the monthly amount to be paid at the market rate, shall be assessed by the court below and the Petitioner shall be directed to deposit the said amount before the court below which shall be disbursed in favour of the Opp. Parties. If such application is filed by 16.11.2012, the same shall be disposed of by 18.11.2012. The amount directed to be deposited as above shall be without prejudice to the rights and contentions of the respective parties in the suit. In pursuance of the said direction, the court below has passed the impugned order.

(3.) LEARNED Counsel for the Opp. Parties supporting the impugned order submitted that the court below has taken into consideration the documents, i.e., copy of the agreements and one notarized agreement which reveals the occupation charges per month pertaining to plot at Kharavel Nagar at Rs.77,200/ - and Rs.80,000/ - per month in respect of part of the suit plot. Accordingly, the court below has rightly assessed the occupation charges at the market rate. Therefore, the impugned order need not be interfered with. In support of his contention, he has cited a decision of the Apex Court in the case of M/s. Atma Ram Properties (P) Ltd. v. M/s. Federal Motors Pvt. Ltd. reported in IT 2004 (10) SC 410.