1. Present petition has been filed challenging the order dated September 19,
2022 passed by the Learned Civil Judge (Senior Division) First Court,
Alipur, in Title suit no. 364 of 2020, whereby the Learned Trial Court while
disposing of the application under Order 39, Rule 10 read with Section 151
CPC, filed by the plaintiff/opposite party, directed the petitioner/defendant
to pay Rs.1,50,000/- per month within tenth of each succeeding english
calendar month from this state to the plaintiff/opposite party as
occupational charge of suit property. The petitioners/defendant was further
directed to make payment of Rs.72,00,000/- on account of arrears of
occupational charges in four equal installments every second month within
tenth of each calendar month from the date of passing of the order. The
petitioner has challenged the impugned order on the ground that the
Learned Trial Court has fallen into a grave error of law by granting the
occupational charges during the pendency of the suit. The petitioner has
stated that occupational charges is to be calculated only from the date of
the judgment and decree of the suit and not from the date of expiry of the
lease. The peitioner has taken a plea that occupational charges cannot be
granted at the interim stage.
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