Sri Atanu Kar & Anr vs Sri Sujit Kumar Kar & Anr
2024 Latest Caselaw 4887 Cal

Calcutta High Court (Appellete Side)

Sri Atanu Kar & Anr vs Sri Sujit Kumar Kar & Anr on 20 September, 2024

Author: Biswajit Basu

Bench: Biswajit Basu

20.09.2024 Item No.25 DL Ct.19 A.J. IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION

C.O. 3349 of 2024 Sri Atanu Kar & Anr.

-Vs-

Sri Sujit Kumar Kar & Anr.

Mr. Sugata Mukhopadhyay, Mr. Tanmoy Khan.

......for the petitioners.

Mr. Kartik Kumar Bhattacharya, Mr. Soumita Shaw.

......for the opposite parties. The preemptors in a proceeding under Section 8 and 9 of

the West Bengal Land Reforms Act, 1955 are the petitioners of the

instant application under Article 227 of the Constitution of India.

The application for preemption registered as L.R. Misc.

Case No. 10 of 2018 was dismissed by the 7th Court of the learned

Civil Judge (Junior Division), Howrah for the failure of the

petitioners to deposit the entire consideration price along with the

application.

The Appeal Court below by the impugned judgment and

order dated July 08, 2024 has affirmed the said order of the learned

Trial Judge.

In view of the judgment of the Hon'ble Supreme Court in

the case of BARASAT EYE HOSPITAL vs. KAUSTABH

MONDAL reported in (2019) 10 SCC 660, the order impugned does

not call for any interference.

C.O. 3349 of 2024 is dismissed without any order as to

costs.

Urgent Photostat certified copies of this order, if applied

for, be supplied to the parties subject to compliance with all

requisite formalities.

(Biswajit Basu, J.)