Sri Jitendranath Datta & Ors vs Smt. Sanchita Roy Mukherjee & Ors
2024 Latest Caselaw 4908 Cal

Calcutta High Court (Appellete Side)

Sri Jitendranath Datta & Ors vs Smt. Sanchita Roy Mukherjee & Ors on 23 September, 2024

Author: Biswajit Basu

Bench: Biswajit Basu

   39
 sandip
  Ct. 19
23.09.2024

In The High Court At Calcutta Civil Revisional Jurisdiction

C.O. 3402 of 2024 Sri Jitendranath Datta & Ors.

Vs. Smt. Sanchita Roy Mukherjee & Ors.

Mr. Kaushik Dey, Mr. Debnath Mahata ...For the petitioners.

The pre-emptees in a proceeding under Section 8 of the West

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

application under Article 227 of the Constitution of India.

The said proceeding being Misc. Case (Pre-emption) No. 04 of

2022 is pending before the 1st Court of learned Civil Judge, (Junior

Division) at Khatra, District - Bankura.

The learned Trial Judge, by the order impugned being Order

No. 05 dated February 03, 2023 has granted an order of injunction

thereby has restrained the petitioners from entering into the 'A'

schedule property till the disposal of the said misc. case.

The petitioners, aggrieved by the said order, have preferred the

connected Miscellaneous Appeal No. 07 of 2023. The learned

Appeal Court below by the judgment and order dated February 27,

2024 has affirmed the order of the learned Trial Judge.

The suit property since prima facie has been found to be a

dwelling house of the pre-emptors and her other co-sharers, the

pre-emptees, by virtue of Section 44 of the Transfer of Property

Act, 1882, are not entitled to joint possession of it with them.

Whether the pre-emptees have purchased a definite demarcated

portion of the suit property and the character of it would be

decided in the Misc. case on evidence.

The order impugned, for the aforesaid reason, does not call for

any interference. C.O. 3402 of 2024 is dismissed without any

order as to costs.

The learned Trial Judge, however, is requested to expedite the

disposal of the said misc. case in accordance with law and in doing

so shall not grant any unnecessary adjournment to either of the

parties.

Parties to act on the server copy of this order duly downloaded

from the official website of this 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.)