Calcutta High Court (Appellete Side)
Asit Krishna Saha And Another vs Kuddus Ali Middya And Others on 26 March, 2019
1 S/l.
34. Bpg.
March 26, 2019 In the High Court at Calcutta Civil Revisional Jurisdiction C.O. No.1040 of 2019 Asit Krishna Saha and another Versus Kuddus Ali Middya and others Mr. Debasish Roy, Mr. Ranjan Kumar Kali.
...for the petitioners.
Mr. P.K. Hazra, Mr. Subrata Mukherjee.
...for the opposite parties. Let the affidavit of service filed in Court today be kept with the record.
The question raised in the instant revisional application is, whether partial preemption lies, in the sense that the vendor sold only a portion of his property to the pre-emptees.
Learned counsel for the pre-emptees/opposite parties prays that the opposite parties want to use an affidavit-in-opposition in the matter.
2Accordingly, C.O. No.1040 of 2019 will appear under the heading "Contested Application" in the monthly list of May, 2019.
The opposite parties shall file their affidavit-in-opposition within a fortnight from date. Reply thereto, if any, to be filed by the petitioners within a fortnight thereafter.
The parties are directed to maintain status quo in respect of the property, which is the subject-mater of the preemption, till disposal of the revisional application.
(Sabyasachi Bhattacharyya, J. )