Jayanta Kumar Rakshit v. Swapan Rakshit

Sl.32 24.04.2025 Court No.6 BP C.O. 1348 of 2025 Jayanta Kumar Rakshit -versusSwapan Rakshit Mr. Debanik Banerjee Mr. Akash Ganguly Mr. Huzaifa Shahid ..for the petitioner This application under Article 227 of the Constitution of India is at the instance of the decree holder praying for a direction upon the learned Civil Judge (Junior Division), 2nd Court at Uluberia to dispose of the Miscellaneous Case No. 02 of 2021 filed under the provisions of Order IX Rule 13 of the Code of Civil Procedure.

Learned advocate appearing for the petitioner submits that the next date in the miscellaneous case has been fixed on 14th May, 2025. In view of the order sought and proposed to be passed, there is no necessity to issue notice upon the opposite parties.

However, the learned advocate appearing for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite parties or upon the learned advocates representing them before the learned trial judge.

From the order-sheets appended to the civil revisional application this Court finds that 14th May, 2025 has been fixed for hearing of the Miscellaneous Case No.2 of 2021.

In the light of the submissions made by the learned advocate for the petitioner, C.O. 1348 of 2025 is disposed of by requesting the learned Civil Judge (Junior Division), 2nd Court at Uluberia to dispose of the Miscellaneous Case No.2 of 2021 as expeditiously as possible but preferably by the end of the month of September, 2025 without granting any unnecessary adjournments to either of the parties.

This order has been passed taking note of the fact that the miscellaneous case was filed under the provisions of Order IX Rule 13 of the Code of Civil procedure and the same is pending.

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.)