Achia Bibi Molla And ORS v. Asan Ali Mondal

15.05.2025 Sl. No. 25 g.b.

Court No.06 265719 CO 1678 of 2025 Achia Bibi Molla & Ors.

-Vs- Asan Ali Mondal Mr. Partha Pratim Roy Ms. Poulami Chakraborty .....For the Petitioners The petitioners are aggrieved by the order dated 10th December, 2024 passed by the learned Civil Judge (Junior Division), 3rd Court, Krishnanagar, Nadia in Title Execution Case No. 4 of 2014, by virtue of which a date was fixed for bringing further orders from the Hon'ble High Court in respect of CO 3898 of 2014.

Mr. Roy, learned advocate appearing for the preemptors/petitioners herein submits that the pre-emptee has filed an application under Article 227 of the Constitution of India being CO 3898 of 2014 challenging the order passed in a miscellaneous appeal arising out of an order passed by the learned Civil Judge (Junior Division) in a proceeding under Section 8 of the West Bengal Land Reforms Act, 1955.

Mr. Roy further submits that the pre-emptor that is the predecessor-in-interest of the petitioners died on 25th of January, 2024 and the learned advocate on record of the opposite party in CO 3898 of 2024 communicated such fact along with the names of the legal heirs of the

deceased pre-emptor to the learned advocate on record of the petitioners in CO 3898 of 2014.

Mr. Roy submits that in spite of such communication, no steps have yet been taken by the petitioners in CO 3898 of 2014 and, therefore, the said civil revision stood abated. However, this court cannot record abatement of CO 3898 of 2014 in this civil revision application. CO 1678 of 2025 stands disposed of leaving the petitioners free to take appropriate steps in CO 3898 of 2014.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties on urgent basis after completion of all necessary formalities.

(Hiranmay Bhattacharyya, J.)