CO/2244/2026 of BABLU MONDAL Vs MANGALDIP HALDER AND ORS on 15 July 2026

Court No. 6 (265719) 15.07.2026

(AD 30)

(S. Banerjee) CO 2244 of 2026

Bablu Mondal Vs. Mangaldip Halder & Ors.

Mr. Rabindra Narayan Dutta Mr. Sibasish Ghosh Mr. Hare Krishna Halder Mr. Ardhendu Nag Mr. Soham Banerjee

…for the petitioner

Mr. Dutta, learned advocate appearing for the petitioner submits that during the pendency of an application under Section 5 of the Limitation Act, the Municipal Building Tribunal has passed an interim protection in favour of the opposite-parties herein. After some argument Mr. Dutta, learned advocate appearing for the petitioner submits that a direction be passed upon the Tribunal to dispose of the application under Section 5 of the Limitation Act expeditiously. From the impugned order it appears that July 30, 2026 has been fixed for hearing of the application under Section 5 of the Limitation Act and the stay application. In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite parties. However, the

2 learned advocate-on-record of the petitioner shall be obliged to forward a copy of this application along with this order, upon the opposite parties or upon the learned advocate representing them before the learned trial judge, forthwith. CO 2244 of 2026 stands disposed of by requesting the Municipal Building Tribunal to take up the hearing of the application under Section 5 of the Limitation Act in Appeal No. 02 of 2026 on the next date fixed if the same is otherwise ready for hearing and to dispose of the same as expeditiously as possible, preferably within a period of four weeks from the next date fixed, without granting any unnecessary adjournment to either of the parties. Depending upon the fate of the application under Section 5 of the Limitation Act, the Tribunal is requested to make an endeavour to dispose of the stay application expeditiously. It is, however, made clear that the Municipal Building Tribunal shall decide the application under Section 5 of the Limitation Act without being swayed by the observations made in the impugned order as well as the order passed by this Court today.

(Hiranmay Bhattacharyya, J.)