Masura Khatun vs Sri Gobindadas Pal & Ors
2023 Latest Caselaw 265 Cal

S/L 43
10.01.2023

Court No.652 SD CO 1406 of 2021

Masura Khatun Vs.

Sri Gobindadas Pal & Ors.

Mr. Bhudeb Chatterjee Mr. S.K. Ghosh ... for the Petitioner.

This revisional application has been directed against

the order nos.10, 11 and 12 passed in Pre. Misc. Case No.17 of

2019 by the learned Civil Judge (Junior Division), 2nd Court,

Hooghly at Chinsurah.

Petitioner contended that out of the two petitioners

before the trial court, the petitioner no.2 of that Pre. Misc.

Case No.17 of 2019 has already filed application that he does

not want to proceed with the preemption case.

The other issue raised by the petitioner herein is that

the petitioner before the trial court has not made payment of

the entire consideration amount as mentioned in the

impugned deed along with 10%compensation amount, but in

spite of the same the trial court has granted time to the

petitioner to deposit money.

The petitioner filed petition for recalling the said

order which has been kept with the record as pending and by

the impugned order payment of the rest amount of the

money by the petitioner is kept in abeyance till disposal of

recalling application. petitioner herein submits that in view

of latest judgments of Apex Court, pre-emption case is liable

to be dismissed for non-payment of entire consideration

money along with compensation at the time of filing the

application.

Petitioner is directed to serve copy of the revisional

application upon the opposite parties within seven days

through speed post with acknowledgement due intimating

the next date of hearing and file affidavit of service on the

next date.

Let the matter appear under the heading 'Motion' on

February 14, 2023.

Since the petitioner has raised an arguable issue, let

there shall be an order of stay of all further proceedings in

Pre. Misc. Case No.17 of 2019 pending before the learned

Civil Judge (Junior Division), 2nd Court, Hooghly at

Chinsurah, for a period of eight weeks or until further order

whichever is earlier.

(Ajoy Kumar Mukherjee, J.)