Calcutta High Court (Appellete Side)
Shyamal Kumar Nandy vs Paritosh Bhadra & Anr on 24 November, 2016
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
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In The High Court At Calcutta
24-11-2016
sh-7
Civil Revisional Jurisdiction
.
CO 4201 of 2016 Shyamal Kumar Nandy v.
Paritosh Bhadra & Anr.
Mr. Shamit Sanyal Mr. Anirban Das ... for the petitioner.
This revisional application is directed against the order dated July 16,2016 passed by the learned Additional District Judge, 3rd Court at Krishnagar in Misc. Appeal No. 05 of 2015 whereby, the learned appellate Court below reversed the judgment and decree passed by the learned Civil Judge (Junior Division), 1 Court in Pre-emption Case No. 13 of 2009 and allowed the claim for pre-emption of the plaintiff-opposite party.
One of the legal issues which has been raised in this revisional application is as to whether, a claim for pre- 2 emption is maintainable in case of transfer of the entirety of the property in question. The decision with regard to such issue is pending before the Division Bench of this Court.
Accordingly, the present revisional application is admitted. There shall be an interim order directing stay of operation of the judgement and decree dated July 16,2016 passed by the learned Additional District Judge, 3rd Court at Krishnagar in Misc. Appeal No. 05 of 2015, till the disposal of this application.
The petitioner is directed to serve a copy of this application on the opposite party-preemptor by Speed Post with A/D. Let, this application appear in the monthly list of January 2017. 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) 3