Rakesh Sanghvi vs Union Of India & Ors on 21 May, 2026

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    Calcutta High Court (Appellete Side)

    Rakesh Sanghvi vs Union Of India & Ors on 21 May, 2026

    21.05.2026
    Ct. No.6
    Sl. No.19
        skg
                                   C.O. 1630 of 2026
    
                       M/s. Manilal Sanghvi represented by
                                Rakesh Sanghvi
                                       Vs.
                              Union of India & Ors.
    
                      Mr. Rajashree Venket Kundalia,
    
                                                       ...for the Petitioner
                      Mr. Subhankar Nag,
                      Mr. Snehashis Sen,
                      Mr. Debdatta Mukhopadhyay,
    
                                                 ...for the opposite parties
    
    
                 1.

    This revisional application is directed an order dated

    May 12, 2026 passed by the learned Chief Judge, City

    SPONSORED

    Civil Court at Calcutta in Misc. Appeal no. 26 of 2026

    whereby the petitioner’s application for condonation of

    delay under Section 5 of the Limitation Act, 1963 was

    posted for hearing on May 20, 2026 and the petitioner’s

    application for stay was left unconsidered.

    2. The petitioner claims to be a lessee in respect of two

    godown spaces under the opposite party no.2

    Proceedings under the Public premises, (Eviction of

    Unauthorized Occupants) Act, 1971 were initiated by the

    opposite party no.2 and ultimately the Estate Officer of

    the opposite party no.2 passed an order dated April 22,

    2026 directing eviction of the petitioner. Such order has

    been carried in appeal being Misc. Appeal no. 26 of 2026

    before the learned Chief Judge, City Civil Court at

    Calcutta.

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    3. The said appeal was filed belatedly. Since the appeal

    was filed belatedly and there was no explanation for the

    delayed filing of the appeal, the appeal could not be

    taken up by the learned Chief Judge, City Civil Court at

    Calcutta.

    4. An application seeking condonation of delay in

    preferring the appeal was filed on May 12, 2026. The

    order dated May 12, 2026 indicates that on the same

    day a written objection was also filed by the opposite

    party no. 2 to the said application under Section 5 of the

    Limitation Act, 1963, however, the learned Chief Judge

    posted the said application for hearing on May 20, 2026.

    5. On the adjourned date i.e. on May 20, 2026, the

    application could not be heard since the petitioner

    prayed for a short passover.

    6. The petitioner now contends that the petitioner’s

    property has been taken possession of by the opposite

    party no.2. The petitioner presses for interim order.

    7. Learned Advocate appearing for the petitioner submits

    that the learned Appellate Court has committed a

    serious error in postponing the hearing of the

    petitioner’s application for stay and allowing the

    petitioner’s appeal to be merely infructuous.

    8. Learned Advocate appearing for the opposite party nos.

    2 to 5 submits that since there was no order of stay, the

    opposite party nos. 2 to 5 have taken possession of the
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    property and, in fact, third party interest has been

    created. On May 14, 2026. It is further submitted that

    the material/articles of the petitioner that may have

    been lying in the godown under occupation of the

    petitioner are, however, safe in the hands of the opposite

    party nos. 2 to 5. It is submitted that the opposite party

    no.2 has already initiated a proceeding under Section 6

    of the 1971 Act.

    9. Having heard the learned Advocates appearing for the

    respective parties and having considered the material on

    record, this court is of the view that at present, when

    third party rights have already been created in absence

    of any order of stay, it would not be proper for this Court

    to intervene and change the status quo.

    10. Since the appeal along with the interlocutory

    applications for stay as well as condonation of delay are

    all pending before the learned Chief Judge, City Civil

    Court at Calcutta, who is the statutory appellate

    authority and who would have all the relevant material

    on record, justice would be sub-served if liberty is

    granted to the petitioner to approach the learned

    Appellate Court and file an application seeking

    preponement of the date of hearing of the application for

    condonation of delay as well as the stay of application.

    11. The parties shall be free to canvass their respective

    cases before the appellate Court.

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    12. With the above observation the present revisional

    application being C.O. 1630 of 2026 stands disposed of.

    There shall be no order as to costs.

    13. Urgent photostat certified copy of this order, if applied

    for, be supplied to the parties subject to compliance with

    all requisite formalities.

    (Om Narayan Rai, J.)



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