Extracted from the PDF above. The PDF is authoritative.
D/L- 20 02/07/2026 Ct. No.- 6 Aritra C.O. 2074 of 2026
Sultan Khichi Vs. Mrs. Sabiha Yasmin & Ors. Mr. Sanjoy Bose Mr. P.B. Mullick
….for the petitioner
The order dated May 12, 2026 passed by the Municipal Building Tribunal, Kolkata Municipal Corporation is under challenge in this civil revision application. By the order impugned the learned Tribunal passed an interim order to the effect that no coercive measure in respect of the impugned premised till the next date. The learned advocate appearing for the petitioner submits that the appeal was filed beyond the stipulated period of limitation accompanied by an application for condonation of delay. He further submits that the delay in filing the appeal is yet to be condoned. He, thus, submits that there is no existence of an appeal in the eye of law unless the delay is condoned and, therefore, no interim order could have been passed in an appeal which has no legal existence. However, the learned advocate appearing for the petitioner submits that instead of going into the issue as to the propriety of the order dated May 12, 2026 a direction may be passed upon the Municipal Building Tribunal to dispose of the appeal expeditiously. He further
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submits that a Co-ordinate Bench by an order dated April 13, 2026 has also fixed a time frame for disposal of the said appeal. After going through the order dated April 13, 2026 passed in C.O. 1222 of 2026, this Court finds that the Co- ordinate Bench passed a direction upon the Municipal Building Tribunal, Kolkata Municipal Corporation to dispose of the B.T. Appeal No.33 of 2020 as expeditiously as possible but preferably within a period of three months from the next date fixed without granting any unnecessary adjournment to either of the parties. After going through the said order it prima facie appears to this Court that the attention of the Co-ordinate Bench was not drawn to the fact that several interlocutory applications including an application for condonation of delay is pending.
In view thereof, CO 2074 of 2026 stands disposed of by requesting the Municipal Building Tribunal, Kolkata Municipal Corporation to take up the hearing of the interlocutory applications on the next date fixed i.e. on August 5, 2026 and to dispose of the same as expeditiously as possible but preferably within a period of 8 weeks from the next date fixed without granting any unnecessary adjournments to either of the parties. Depending on the fate of the application for condonation of delay, the learned Municipal Building Tribunal is requested to dispose of the B.T. Appeal No.33 of 2020 as expeditiously as possible keeping in mind the time frame
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fixed by the Co-ordinate Bench for dispose of the appeal in the order dated April 13, 2026 in C.O. 1222 of 2026. It will be open to the petitioner to raise an objection against the extension of the interim order on the next date of hearing and if such an objection is raised, the Municipal Building Tribunal shall consider the same and pass orders in accordance with law. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)