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2026 DAILYLAW 32918 (CAL)

RAM KUMAR SINGH@RAM KUMAR SINGHA v. GADADHAR DEY BEING DEAD HIS LEGAL HEIRS ASTIBALA DEY AND ORS

FMA/666/2026 · 2026-08-04

Sabyasachi Bhattacharyya, Supratim Bhattacharya

body2026

Judgment text

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AD – 57 Ct No.16 04.08.2026 (SSS) FMA 666 of 2026 with CAN 1 of 2026 Ram Kumar Singh @ Ram Kumar Singha Vs. Gadadhar Dey being dead his legal heirs Astibala Dey and Ors. Ms. Madhumita Patra ....for the appellant. 1. The present appeal has been preferred against an order whereby an application under Section 5 of the Limitation Act, for condonation of delay in preferring a pre-emption appeal under the West Bengal Land Reforms Act, 1955, was dismissed. 2. However, the said order is not appealable. Accordingly, FMA 666 of 2026 is dismissed as not maintainable, with liberty to the appellant to prefer an appropriate challenge before the appropriate Court/forum. 3. We make it clear that the merits of the matter have not been gone into and it will be open to the appellant to canvass all points in the challenge which may be preferred on the self-same grounds against the impugned order. 4. CAN 1 of 2026 is consequentially dismissed as well. 5. No order as to costs. 6. Leave is granted to the learned advocate-on- record for the appellant to take back the certified copy of the impugned order upon furnishing a photocopy of the same. (Sabyasachi Bhattacharyya, J.) (Supratim Bhattacharya, J.) 2