Lila Roy And ORS v. Howrah Improvement Trust And ORS

Court No. 6 CO 580 of 2025 (265719) 21.02.2025 Lila Roy & Ors.

Vs.

Howrah Improvement Trust & Ors.

(AD 4) (S. Banerjee) Mr. Sabyasachi Chatterjee Mr. Pintu Karar Mr. Sabab Uddin Laskar ...for the petitioners This application under Article 227 of the Constitution of India is at the instance of the plaintiffs and is directed against order no. 85 dated October 7, 2024 passed by the learned Civil Judge (Sr. Division), 2nd Court, Howrah in Money Suit No. 38 of 2013. By the order impugned the KMDA was made a party-defendant in the suit.

Learned advocate for the petitioner submits that the petitioner herein filed a suit against the Howrah Improvement Trust and the KMDA is not a necessary party in the suit. He, in his usual fairness, did not dispute that the Howrah Improvement Trust got merged with the KMDA in the meantime.

In view thereof, this Court is of the considered view that KMDA is a necessary party and that the learned trial Judge was right in adding KMDA as a party-defendant in the instant suit.

It appears from the order impugned that February 10, 2025 was fixed for argument.

Learned advocate for the petitioners submits that on February 10, 2025 the matter was adjourned and it has been fixed sometime in the month of March, 2025.

Learned Civil Judge (Sr. Division), 2nd Court, Howrah is requested to dispose of Money Suit 38 of without granting any unnecessary adjournments to either of the parties.

With the above observations, CO 580 of 2025 stands disposed of.

(Hiranmay Bhattacharyya, J.)