Champa Das And ANR v. Ashis Sen

21.08.2025 Ct. No.-6 D.Hira C.O. 385 of 2025 Champa Das & Ors.

Vs.

Ashis Sen Mr. Apurba Kumar ghosh.

...for the petitioners This application under Article of the Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Senior Division), 1st Additional Court, Burdwan to dispose of the Title Suit No. 97 of 2019 expeditiously. Mr. Apurba Kumar Ghosh, learned advocate appearing for the petitioners submits that the application under Order 39 Rule 1 and 2 filed in Title Suit No. 97 of 2019 is still pending.

He submits that the said application is otherwise ready for hearing and the next date for hearing of such application has been fixed on September 12, 2025. In view of the order sought and proposed to be passed there is no necessity to direct issuance of any notice upon the opposite party. However, the learned advocate for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite party or the learned advocates representing the opposite parties before the learned trial judge. In the light of the same, CO 385 of 2025 stands disposed of by requesting the learned Civil Judge (Senior

Division), 1st Additional Court, Burdwan to make an endeavour to dispose of the application under Order 39 Rule 1 and 2 of the Code filed in Title Suit No. 97 of 2019, as expeditiously as possible without granting any unnecessary adjournments to either of the parties. After the disposal of such application the learned trial judge shall make an endeavour to dispose of the Title suit expeditiously.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Hiranmay Bhattacharyya, J.)