Calcutta High Court (Appellete Side)
Somen Roychowdhury vs Bidyut Sarkar on 3 October, 2016
1 (44) 03.10.2016
(p.j.) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO No. 3713 of 2016 Somen Roychowdhury
-versus-
Bidyut Sarkar
Mr. Rajdeep Bhattacharya ... for the petitioner
The subject-matter of challenge in this revisional application is the judgment and order dated April 30, 2016 passed by the learned Additional District Judge, 4th Court, Berhampore, Murshidabad. By the impugned order the learned appellate Court below upheld the judgment and order dated April 19, 2010 passed by the learned Civil Judge (Junior Division), Lalbagh in Misc. Case No. 85 of 2013 thereby dismissing the petitioner's application for pre-emption under Section 8 of the West Bengal Land Reforms Act, 1955 on the ground that entirety of the property in question was transferred.
Having considered the facts of the case, when the issue involved in the revisional application is already pending disposal before the Division Bench of this Court, I am satisfied that the petitioner has made out a prima facie case for interim protection. 2 Accordingly, there shall be an interim order directing stay of operation of the impugned judgment and order dated April 30, 2016 passed by the learned Additional District Judge, 4th Court, Berhampore, Murshidabad till disposal of the revisional application.
The petitioner is directed to serve a copy of this application on the opposite party by speed post with acknowledgement due.
Let, this application appear under the heading 'Contested Application' in the monthly list of November, 2016. The petitioner shall file an affidavit of service on the next date of hearing.
Certified website copies of the order, if applied for, be urgently made available to the petitioner, subject to compliance with all requisite formalities.
(Ashis Kumar Chakraborty, J.)