Sri Lakshmi Kanta Mandal and Ors. v. Sri Mrinal Kanta Pal and Ors.
Pre-emption – West Bengal Land Reforms Act, 1955, Sections 8 and 9 – Execution proceedings
Case brief
What is this about?
Calcutta High Court, Civil Revisional Jurisdiction, C.O. 3117 of 2024, decided 10.09.2024 by Biswajit Basu, J. Pre-emptee petitioners (Sri Lakshmi Kanta Mandal & Ors., through Mr. Siddhartha Sarkar) challenged Order No.126 dated 03.04.2024 refusing stay of execution of an ex parte pre-emption order under Sections 8 and 9 of the West Bengal Land Reforms Act, 1955 passed in J Misc. Case No.22 of 2004 by the 3rd Court of the Civil Judge (Junior Division), Paschim Medinipur. Counsel for opposite party no.1 (SriMrinal Kanta Pal & Ors.: Mr. Goutam Das, Mr. Aswini Kumar Bera, Mr. Arijit Bera) pointed out that by Order No.131 dated 24.04.2024 the Trial Judge disposed of the misc. case and delivered possession of the pre-empted properties. Revision dismissed as infructuous, no costs; no ruling on the legality of the stay refusal; no precedent discussed; no monetary quantum.
What did the court decide?
Since during the pendency of the revisional application the learned Trial Judge disposed of the misc. case and delivered possession of the pre-empted properties to the opposite parties, C.O. 3117 of 2024 had become infructuous and was dismissed without any order as to costs; the merits of the challenge to Order No.126 were not adjudicated.