Calcutta High Court (Appellete Side)
Sri Samir Konai vs Sri Nitya Gopal Konai & Anr on 7 August, 2023
Author: Shampa Sarkar
Bench: Shampa Sarkar
Item No. 391 07.08.2023Court. No. 19
GB C.O. 1970 of 2023 Sri Samir Konai Vs. Sri Nitya Gopal Konai & Anr.
Mr. Tanmoy Mukherjee, Mr. Souvik Das, Mr. K.R. Ahmed, Mr. Rudranil Das ... for the Petitioner.
The revisional application is formally admitted. This Court, prima facie, finds that the order dated December 16, 2022 passed by the learned Additional District Judge, Fast Track 1st Court at Kandi, District - Murshidabad in Misc. Appeal No.12 of 2011, suffers from an error.
The learned court below held that partial preemption ought not to be allowed, although it appears from the records that preemption was claimed in respect of two separate and demarcated plots which were sold by one deed. The petitioner had claimed for preemption in respect of both.
The learned trial judge rejected the preemption application in respect of one plot on the ground of lack of evidence with regard to the longest boundary of the preemptor, but the preemption in respect of the other plot was allowed.
Prima facie, it appears that the preemption application was not filed claiming partial preemption.
Let this matter appear in the monthly list of November 2023 under the heading 'Urgent Top'. 2 The petitioner is directed to serve a copy of this revisional application along with a server copy of this order upon the opposite parties as also upon the learned advocate appearing on behalf of the opposite parties. Affidavit-of- service to be filed on the next date.
Status quo with regard to nature, character and possession of the plot of land in respect of which preemption was permitted by the learned trial judge, be maintained till December 31, 2022 or until further orders, whichever is earlier.
Certified copy of the judgment is taken on record.
(Shampa Sarkar, J.)