Asmaul Momin vs Tahera Bibi
2024 Latest Caselaw 5146 Cal

Calcutta High Court (Appellete Side)

Asmaul Momin vs Tahera Bibi on 4 October, 2024

04.10.2024 Item No.35, DL Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION C.O. 3568 of 2024 Asmaul Momin

-Vs-

Tahera Bibi

Mr. Mrinal Kanti Ghosh.

.....for the petitioner.

Mr. Ghosh, learned Advocate for the

petitioner undertakes to file the wanting certified

copy of the judgment and order of the learned

Trial Judge on the next date of hearing.

The preemptor, the petitioner herein had

contested the preemption proceeding with a

defense that since the entire share has been

transferred to them, the application for

preemption is not maintainable.

Whether an application for pre-emption is

maintainable when the entire share of a co-

sharer is transferred is the issue falls for

consideration in the present revisional

application.

The said issue is pending consideration

before the Special Bench of this Court.

The petitioner is directed to give notice to

the opposite party and to her learned advocate in

the Court below intimating that the matter will

be included in the Combined Monthly List of

December, 2024 under the heading "Motion".

The petitioner to file affidavit-of-service on

the next date of hearing.

There shall be stay of all further

proceedings of Misc. execution Case No. 5 of

2023 arising out of Misc. (Preemption) case No.

22 of 2022 pending before the 2nd Court of the

learned Civil Judge (Junior Division), Jangipur,

District : Murshidabad till the end of the

month of December, 2024 or until further

order(s), whichever is earlier.

Parties to act on the server copy of this

order duly downloaded from the official website

of the Court.

Urgent Photostat certified copy of this

order, if applied for, be supplied to the parties

subject to compliance with all requisite

formalities.

(Biswajit Basu, J.)