CO/4325/2025 of SANJIT KUMAR BHUNIA Vs GITARANI PANDIT on 17 September 2026

1. Affidavit of service is filed in Court today. Let that be taken on record.

2. None appears for the opposite party in spite of service.

3. Hence, the revisional application is taken up for passing order.

4. The instant revision is directed against an order of the District Judge, Purba Midnipur in a transfer application under Section 24 of the Code of Civil Procedure being Judicial Miscellaneous Case No. 26 of 2025 dated November 24, 2025.

5. The matter pertains to Preemption Appeal Case No. 1 of 2016, which was filed by the present petitioner, challenging an order dated August 29, 2014 by the Civil Judge (Junior Division) 3rd Court at Tamluk, District Purba Medinipur in Judicial Misc. Case No. 9 of 2009. By dint of the impugned order passed by the learned District Judge, the prayer of the petitioner/appellant under Section 24 of the Code of Civil Procedure has been turned down, the Court having found no tangible ground for transfer of the appeal to other Court of appropriate jurisdiction.

6. Facts remain that the preemption suit started in the year 2009 and an appeal was filed in the year 2015 which has been pending till date. The said facts itself are sufficient to be considered as the imminent reason for taking all possible steps to expedite hearing of the case. This purpose, in this case would be fructified only with transfer of the case, to facilitate its expeditious hearing.

7. Having found as above, this Court is inclined to set aside the impugned order dated November 24, 2025 by the District Judge in Judicial Misc. Case No. 26 of 2025 and direct appropriately.

8. Hence, the instant revisional application is allowed and disposed of with the direction as below:-

i)The impugned order dated November 24, 2025 by the District Judge in Judicial Misc. Case No. 26 of 2025 is hereby set aside.

ii) Let appeal being Misc. Appeal No. 1 of 2016 be immediately transferred from the Court of

Additional District Judge, 3rd Court at Tamluk to the Court of Additional District Judge, 1st Court at Tamluk.

iii) Learned District Judge shall pass necessary order for withdrawing the record from the Court of Additional District Judge, 3rd Court at Tamluk and transferring the same to the Court of Additional District Judge, 1st Court at Tamluk.

9. Let the transferee Court take up the appeal for hearing in presence of both the parties, preferably on 29th September, 2026 and proceed as expeditiously as possible for adjudication thereof.

10. The present revision is disposed of with the directions as above.

(Rai Chattopadhyay, J.)