Sankari Bhattacharya v. Sanjib Chakraborty

D/L- 5 25/02/2025 Ct. No.-6 Aritra C.O. 515 of 2025 Sankari Bhattacharya

Versus

Sanjib Chakraborty Mr. Ivan Roy Mr. Debangshu Bandhu Mr. Supran Dey ...for the petitioners The learned advocate appearing for the petitioner submits that the applications for withdrawal of the suit filed under Order 23 Rule 1 of the Code of Civil Procedure was fixed for hearing on January 16, 2025. However, the said application was not taken up for hearing on the said date. He further submits that the next date has been fixed by the learned Trial Judge on March 28, 2025 for hearing of the application under Order 23 Rule 1 read with Section 151 of the Code of Civil Procedure.

In view of order sought and proposed to be passed there is no necessity to direct issuance of notice upon the opposite parties. However, the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite parties or their learned advocates representing them before the learned Trial Judge.

In the light of the submissions made by the learned advocate for the petitioner CO 515 of 2025 is

disposed of by requesting the learned Civil Judge (Jr. Div.), 1st Additional Court at Alipore to take up the hearing of the application under Order 23 Rule 1 read with Section 151 of the Code of Civil Procedure filed in connection with Title Suit No.1072 of 2020 on the next date fixed i.e., on March 28, 2025 and to dispose of the same without granting any unnecessary adjournments to either of the parties.

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.)