Calcutta High Court (Appellete Side)
Sri Subhash Kumar Goenka vs Smt. Rita Murarka And Others on 25 January, 2019
1 S/l.
64.
Bpg 25.01.
2019
In the High Court at Calcutta Civil Revisional Jurisdiction C.O. No.225 of 2019 Sri Subhash Kumar Goenka Versus Smt. Rita Murarka and others Mr. Ayan Banerjee, Mr. Suman Banerjee.
...for the petitioner.
The preemptee in a preemption proceeding has preferred the instant revisional application against two orders. By the first impugned order dated July 4, 2018, the trial court directed both parties to clear up the bushes and jungle of their respective properties in the case plot before a particular date, in default of which the necessary orders would be passed by the trial court for the expedient trial of the case. By the second order dated January 2, 2019, apparently a partial report of the commissioner in respect of the present petitioner's plot was accepted as the final report, although no commission work was held in respect of the plot of the opposite party no.1 as directed previously, allegedly since the opposite party no.1 did not clear up the outgrowth in his portion of the property.
2Learned counsel for the petitioner is justified in submitting that the previous order appointing commission could not be nullified by accepting the partial report on such peculiar ground, although no challenge has been preferred against the order appointing commission by either side.
Accordingly, the petitioner will serve a copy of C.O. No.225 of 2019 on the preemptee/opposite party no.1 indicating that the matter will appear as a "Listed Motion" in the monthly list of February, 2019. Service on the other opposite parties is dispensed with for the present.
The petitioner will file an affidavit of service on the next date of hearing.
There will be stay of all further proceedings in Miscellaneous Case (Preemption) No.37 of 2015 pending in the First Court of Civil Judge (Junior Division) at Chandannagore, District- Hooghly, till February 28, 2019 or until further orders, whichever is earlier.
(Sabyasachi Bhattacharyya, J. )