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2025 Supreme(Online)(Cal) 8368

CALCUTTA HIGH COURT
ASIT MUKHERJEE – Appellant
Versus
THE PANIHATI MUNICIPALITY AND ORS – Respondent


Sl 82

25.06.2025 Court No.6 BP C.O. 2219 of 2025 Asit Mukherjee -versus-

The Panihati Municipality & Ors.

Mr. Kushal Chatterjee Mr. Oishik Chatterjee … for the petitioner Mr. Rabindra Narayan Dutta Mr. Arkoday Mukherjee ..for the Panihati Municipality This application under Article 227 of the Constitution of India is at the instance of the developer and is directed against an order dated 13th June, 2025 passed by the learned Civil Judge (Junior Division), 2nd Court at Barrackpore in Municipal Appeal No. 3 of 2023.

By the order impugned the application for extension of the interim order filed under Section 151 of the Code of Civil Procedure was fixed on 8th July, 2025. The petitioner has challenged an order of demolition passed by the Municipality in an appeal filed under Section 218(3) of the West Bengal Municipal Act, 1993.

Mr. Chatterjee, learned advocate appearing for the petitioner submits that unless an order of stay of the demolition order is passed, the petitioner is suffer irreparable loss and injury. He further submits that this Court passed an order of stay for a limited period and the learned trial judge did not pass any order of stay.

Mr. Dutta, learned advocate representing

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