Sri Samir Konai vs Sri Nitya Gopal Konai & Anr
2023 Latest Caselaw 4822 Cal

Item No. 391
07.08.2023

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'.

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.)