GOURANGA KUNDU Vs. SMT. SARATHI HALDER

JUDGEMENT

(1.) Though the lower court records was called for by an order dated July 15, 2015, the department has produced only two files in connection with Misc. Appeal No. 44 of 2016 from where the record of learned trial Judge who has disposed of the pre-emption case on the basis of evidence-both oral and documentary is not available.

(2.) Mr Debdutta Basu assisted by Mr Sudip Sarkar represents the petitioner-appellant who is the pre-emptor who will be called on hereafter as the petitioner.

(3.) From the affidavit of service it appears that notice was served upon the opposite party, but none represents her. Therefore, considering the nature of the proceeding the case is taken up for consideration and disposal on merit on the basis of the available materials on record at the instance of learned advocate for the petitioner.