Madan Mohan Biswas @ Modanmohan Biswas v. Dibakar Biswas And ORS

Sl.667 01.07.2026 Court No.6 BP C.O. 693 of 2026 Madan Mohan Biswas @ Modanmohan Biswas -versusDibakar Biswas @ Bapi & Ors.

Mr. Manas Kumar Das Mr. Mobaidur Hossain Mr. Tusar Sil ..for the petitioner This application under Article 227 of the Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Junior Division), 2nd Court, Berhampore, Murshidabad to dispose of Title Suit No.289 of 2015 expeditiously.

The learned advocate appearing for the petitioner submits that at the stage of evidence of the plaintiff witness no.1 the 2nd defendant passed away and an application for substitution has been filed which is pending. He further submits that the hearing of the application for substitution has been fixed sometimes in the month of August, 2026. 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 on record of the petitioner shall be obliged to forward a copy of this application along with a server copy of this order upon the opposite party.

In the light of the submissions made by the learned advocate for the respective parties, C.O. 693 of 2026 stands disposed of by requesting the learned Civil Judge (Junior Division), 2nd Court at Berhampore, Murshidabad to make an endeavour to dispose of the substitution application as expeditiously as possible. After disposal of the substitution application the learned trial judge shall make an endeavour to dispose of the suit expeditiously in accordance with law. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)