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2026 DAILYLAW 40693 (CAL)

NEPAL CHANDRA MONDAL AND ANR v. DILIP PATI AND ORS

CO/3069/2026 · 2026-09-14

Hiranmay Bhattacharyya

body2026

Judgment text

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Item- 14. sg 14-09-2026 Ct. 6 CO 3069 of 2026 Nepal Chandra Mondal & Anr. Versus Dilip Pati & Anr. [ Mr. B.P. Mondal …for the petitioners This application under Article 227 of the Constitution of Indian is at the instance of the pre-emptee for a proceeding under Sections 8 and 9 of the West Bengal Land Reforms Act, 1955 and is directed against an order being no. 25 dated 13th May, 2026 passed by the leaned Civil Judge (Junior Division), Haldia, Purba Medinipur in J. Misc. (Pre- emption) 46 of 2022. By the order impugned, the application under Order 7 Rule 11 of the Code of Civil Procedure filed by the pre- emptee, stood rejected. By the order impugned, the application for local inspection was also allowed. Mr. Mondal, learned advocate appearing for the petitioners submits that the petitioners are not aggrieved by the portion of the impugned order allowing the prayer for local inspection. After going through the points raised by the petitioners in the application under Order 7 Rule 11 of the Code of Civil Procedure, this Court finds that such issues cannot be decided at this stage as rightly observed by the learned trial judge and can be considered after a full-fledged trial. After going through the application under Sections 8 and 9 of the West Bengal Land Reforms Act, this Court finds that the pre-emptee has disclosed a cause of action for filing 2 the preemption application. From the statement made in the preemption application, it cannot be said that the same is barred by any provision of law. Thus, the provision laid down under Order 7 Rule 11(a) and 11(d) of the Code of Civil Procedure are not stand attracted in the case on hand. The learned trial judge was right in rejecting the application under Order 7 Rule 11 of the Code of Civil Procedure. This Court is not inclined to interfere with the said order under Article 227 of the Constitution of India. C.O. 3069 of 2026 stands dismissed. However, there shall be no order as to costs. At this stage, the leaned advocate appearing for the petitioners submits that the hearing of the preemption application be expedited. The learned Civil Judge (Junior Division) Haldia is requested to make an endeavour to dispose of the J. Misc. (Pre-emption) 46 of 2022 as expeditiously as possible without granting any unnecessary adjournments to either of the parties. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Hiranmay Bhattacharyya, J.)