Smt. Shukla Saha vs Smt. Sima Sadhukhan & Ors
2021 Latest Caselaw 173 Cal

S/L 18
13.01.2021

GB C.O. 52 of 2021

Smt. Shukla Saha Vs.

Smt. Sima Sadhukhan & Ors.

(Through Video Conference)

Mr. Animesh Das, Mr. Dipankar Ghosh.

... for the Petitioner.

This revisional application arises out of an order

dated September 30, 2019 passed by the learned Additional

District Judge, 4th court at Howrah in Misc. Appeal No.133 of

2013 affirming an order dated June 12, 2013 passed by the

learned Civil Judge (Junior Division), 7th Court at Howrah in

L.R. Misc. Case No.4 of 2008, by which the application of the

opposite party for preemption was allowed.

The point raised in this revisional application is as to

whether preemption would lie when a well-demarcated,

whole of the property owned by a raiyat was sold. This

question is before the Larger Bench.

The revisional application will be heard.

The opposite party will not put the judgment and

order of the learned Civil Judge (Junior Division), 7th Court

at Howrah in L.R. Misc. Case No.4 of 2008 into execution.

The petitioner, that is the preemptee shall be

restrained from changing the nature and character of the suit

property and also alienating or creating any third party

interest. The interim orders will be operative for a period of

five months or until further orders, whichever is earlier.

Petitioner is directed to serve a copy of this revisional

application along with a server copy of this order upon the

opposite party and file affidavit-of-service on the next date.

List this matter on April 6, 2021 at 2.00 p.m. for

hearing.

(Shampa Sarkar, J.)