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24.03.2025 Ct. No.22 pg.

IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 2726 of 2023 Prabir Ghosh & Anr.

Vs.

Amit Sen & Ors.

Mr. Gopal Chandra Ghosh, Sr. Counsel Mr. Rajkrishna Mondal Ms. Rita Chowdhury Ms. Sunandana Saha … For the petitioners

1. This revisional application has been filed assailing the order dated 9th June, 2023 passed in connection with Title Suit No.25 of 2012 wherein the learned Civil Judge (Junior Division), 1st Court, Barrackpore refused to frame any preliminary issue with respect to applicability of the provision of Section 2(g) of the West Bengal Premises Tenancy Act, 1997 in response to an application under Order XIV Rule 2(b) of the Code of Civil Procedure.

2. Learned senior counsel appearing on behalf of the petitioners has submitted that the original tenant and his widow have died and son of the original tenant is not also residing in the suit premises. In the circumstances, petitioners has submitted that provision of Section 2(g) of the West Bengal Premises Tenancy Act, 1997 is squarely applicable with respect to the subject property.

3. Having heard the learned senior counsel appearing on behalf of the petitioner as well as having gone through documents and records, the instant revisional application stands admitted.

4. Petitioners are directed to serve a notice along with a copy of this revisional application with all its annexures upon the opposite parties and their advocate-on-record appearing in the learned Trial Court by Speed Post with Acknowledgement Due and file affidavit-of-service on the returnable date.

5. Learned senior counsel appearing on behalf of the petitioners, in the circumstances, has prayed for stay of the proceeding in connection with Title Suit No.25 of

2012, till disposal of the application.

6. Regard being had to the above, let there be an order of stay of all further proceedings in connection with Title Suit No.25 of 2012 pending before the learned Civil Judge (Junior Division), 1st Court, Barrackpore, for a limited period, i.e., till the last week of June, 2025 or until further order, whichever is earlier.

7. Let the matter appear in the Combined Monthly List of May, 2025 under the heading “Contested Application”. petitioners is at liberty to communicate this order to the learned Civil Judge (Junior Division), 1st Court, Barrackpore, forthwith.

9. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

10. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)