Calcutta High Court (Appellete Side)
Sri Sayan Sarkar vs Purnendu Banerjee & Anr on 6 June, 2023
Author: Shampa Sarkar
Bench: Shampa Sarkar
06.06.2023 Sl. No.26(DL) srm C.O. No. 1264 of 2023 Sri Sayan Sarkar Versus Purnendu Banerjee & Anr.
Mr. Partha Pratim Roy, Mr. Dibakar Bhattacharjee ...for the Petitioner.
The petitioner has been made out an arguable case. The application of the preemptor for local investigation in order to ascertain whether the suit property was situated on the adjacent western side of the property of the petitioner, prima facie, was an attempt to fish out evidence. This Court is of the view that it is for the preemptor to prove his right of preemtion on the ground of vicinage and on the basis of the records, title deeds, mouza map, etc. Learned Advocate-on-record for the petitioner is directed to serve a copy of the revisional application along with a server copy of this order upon the opposite parties as also upon the learned Advocate who was conducting the matter in the learned court below.
Affidavit of service to be filed on the next date. 2 Stay of operation of the order dated April 1, 2023 passed in Miscellaneous Case No.04 of 2022 for a period of four months or until further orders whichever is earlier.
Let this matter appear on August 7, 2023 under the heading "Urgent Motion".
The suit shall proceed in the learned court below. Parties are to act on the basis of the server copy of this order.
(Shampa Sarkar, J.)