Niranjan Shaw And ANR v. Birbal Kumar Shaw And ORS

Court No. 6 CO 892 of 2025 (265719) 16.04.2025 Niranjan Shaw & Anr.

Vs.

Birbal Kumar Shaw & Ors.

(AD 23) (S. Banerjee) Mr. Dhananjay Nayak ...for the petitioners This application under Article 227 of the Constitution of India is at the instance of the plaintiffs praying for a direction upon the learned Civil Judge (Sr. Division), 4th Court at Alipore to dispose of the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure filed by the petitioners and the applications under Order 39 Rule 4 of the Code filed by the defendant/opposite party no. 1 herein expeditiously.

The learned advocate appearing for the petitioners submits that the aforesaid applications are otherwise ready for hearing.

In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite parties. However, the learned advocate on record of the petitioner shall be obliged to serve a copy of this application along with a copy of this order upon the opposite parties or the

learned advocate representing them before the learned trial Judge.

Learned advocate appearing for the petitioners submits that the next date for hearing of the said application, has been fixed on June 24, 2025. In the light of the aforesaid submission of the learned advocate for the petitioners, CO 892 of 2025 is disposed of by requesting the learned Civil Judge (Sr. Division), 4th Court at Alipore to take up the hearing of the applications under Order 39 Rule 1 and 2 of the CPC filed by the petitioners and the application under Order 39 Rule 4 of the CPC filed by the defendant/opposite party no. 1 herein on the next date fixed, if the same are otherwise ready for hearing, and to dispose of the same as expeditiously as possible, preferably r before the end of July, 2025, without granting any unnecessary adjournment to either of the parties.

(Hiranmay Bhattacharyya, J.)