SHYAMA PRASED MONDAL Vs. SUSANTA KUMAR SAHA

JUDGEMENT

(1.) C.O No.808 of 2017 is an application under Article 227 of the Constitution of India filed by the preemptees/petitioners challenging legality and propriety of the judgment and order of dismissal dated 21st January, 2017 passed by the learned Additional District Judge, 2nd Court, Krishnagar, Nadia in Misc Appeal No.9 of 2015 instituted against the judgment and order passed by the learned Civil Judge (Junior Division), 1st Court at Krishnagar in Misc Preemption Case No.70 of 2009.

(2.) Misc Preemption Case No.70 of 2009 under Section 8(1) of the West Bengal Land Reforms Act (hereinafter referred to as the said Act) was allowed on contest without any order as to cost. By the impugned judgment and order, the learned Appellate Court affirmed the judgment and order passed by the learned Civil Judge (Junior Division), 1st Court, Krishnagar in Misc Preemption Case No.70 of 2009 and dismissed the appeal on contest.

(3.) During the pendency of C.O 808 of 2017, the preemptor/opposite party put the order of preemption in execution. On 23rd November, 2017, the present petitioners filed a petition praying for keeping the case in abeyance till the disposal of C.O 808 of 2017. The learned Civil Judge (Junior Division), 1st Court Krishnagar rejected the aforesaid petition and gave liberty to the opposite party to take step in execution case. The said order dated 23rd November, 2017 is impugned in C.O 402 of 2018.