Anil Kumar Ghosh And ORS v. Soumen Chatterje Aias Chattopadhya And ORS

19.02.2025 Court No. 06 Item No. 18 Cp C.O. 568 of 2025 Sri Anil Kumar Ghosh & Ors.

Vs.

Sri Soumen Chatterjee @ Chattopadhya & Ors.

Mr. Kingsuk Mondal Mr. Pradip Kumar Kundu ......for the petitioners.

This application under Article 227 of the Constitution of India is at the instance of the defendants in a suit for declaration of title and permanent injunction praying for a direction upon the learned Civil Judge (Junior Division) 6th Court, at Alipore to dispose of the Title Suit No. 881 of 2021 expeditiously.

Learned advocate appearing for the petitioners submits that the application under Order 6 Rule 17 of the Code of Civil Procedure and another application under Order 7 Rule 11 of the Code of Civil Procedure are still pending before the learned Trial Judge. He further submits that the said applications are ready for hearing. It is also submitted that the aforesaid applications have been fixed for hearing on March 7, 2025.

In view of the order sought and proposed to be passed, there is no necessity to issue any notice upon the opposite parties. However, the petitioners shall be obliged to forward a copy of this application along with this order upon the opposite parties or their learned advocates appearing on their behalf before the learned Trial Judge.

In the light of the aforesaid submissions made by the learned advocate for the petitioners, the learned Civil Judge (Junior Division) 6th Court, at Alipore is requested to take up the hearing of the aforesaid applications on the next date fixed, i.e. on March 7, 2025 and to dispose of the same as expeditiously as possible, without granting any unnecessary adjournments to either of the parties.

C.O. 568 of 2025 stands disposed of accordingly. Urgent photostat certified copy of this order, if applied for, shall be furnished to the applicant at an early date, upon compliance of usual formalities. (HIRANMAY BHATTACHARYYA, J.)