Kaiser Parvez v. Arun Kumar Mohata and Ors.
Case brief
What is this about?
Kaiser Parvez v. Arun Kumar Mohata, S.M.A.T 3 of 2023, CAN 3 of 2024, decided 5 March 2025 (Bhattacharyya and Uday Kumar, JJ.). Post-dismissal application under Order XLI Rule 11 CPC context; appeal arose from proceedings under Order XXI Rules 97-101 CPC; decree holder/respondent no.1 successful in courts below, affirmed May 1, 2024; Rs. 2 lakh deposited by appellant as ad hoc occupation charges (order dated May 15, 2023) directed to be disbursed to decree holder with accrued interest, less statutory charges; no costs.
What did the court decide?
CAN 3 of 2024 allowed: Registrar General directed to disburse to the decree holder/respondent no.1/petitioner the Rs. 2 lakh deposited by the appellant as occupation charges, along with any accrued interest, after deducting necessary statutory charges, at the earliest upon the petitioner approaching him; no order as to costs.