IN THE HIGH COURT AT CALCUTTA

Civil Revisional Jurisdiction

APPELLATE SIDE

Present:

The Hon’ble Justice Shampa Dutt (Paul)

CO 3551 of 2024

Rafik Uddin Molla

Vs.

Mehrunnessa Khatun & Ors.

For the Petitioner : Mr. Sadip De,

Mr. Abhijit Sarkar.

For the Opposite Party : Mr. Saunak Bhattacharya,

Mr. Saunak Mondal, Mr. Abhirup Halder,

Mr. Anirban Saha Ray.

Hearing concluded on : 13.08.2025 Judgment on : 03.09.2025

Shampa Dutt (Paul), J.:

1. The civil revision has been preferred against order No. 123 dated 6^th

September, 2024 passed by the learned Civil Judge, Junior Division at

Kakdwip in Misc. Pre-emption Case No. 27 of 2008.

2. Vide the order under challenge, the trial Court held as follows:-

“……..From the reading of the instant paragraph of the

order of the Hon’ble Supreme Court of India it is abundantly clear to the Court that the petitioner had to deposit the entire

sale consideration along with 10% interest upon the same within the time as stipulated under Section 8 (1) of West Bengal Land Reforms Act, 1955. Here in the said order Supreme Court has not made it mandatory that the entire amount shall be deposited at the time of filing of the case rather Supreme Court is very clear in its observation that