M/S Shree Balajee Construction v. Vidyabhusan Srivastava

24-04-2025 Item no.25

IN THE HIGH COURT AT CALCUTTA

Civil Revisional Jurisdiction Subrata Bhattacharyya AR(C) CO No.1398 of 2025 M/s. Shree Balajee Construction -vsVidyabhusan Srivastava Mr. Kushal Chatterjee Mr. Shibjit Mitra ...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), Bidhannagar to dispose of Title Suit No.182 of 2023 expeditiously.

Mr Chatterjee, learned counsel appearing for the petitioner, submits that though several dates for framing of the issues were fixed, but issues are yet to be framed. He further submits that at that stage the opposite party has filed an application praying for repairing of the suit property but only for the purpose delaying the hearing of the suit.

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, learned counsel for the petitioner shall be obliged to forward a copy of the Article 227 application along with this order upon the opposite party or upon the learned counsel representing the opposite party before the trial judge.

In the light of the submission made on behalf of the petitioner, CO No.1398 of 2025 is disposed of by requesting the learned Civil Judge (Junior Division),

Bidhannagar to take up the hearing of the application under section 151 CPC on the next date fixed for hearing, i.e. on July 8, 2025, if the application is otherwise ready for hearing, and to dispose of the same as expeditiously as possible, without granting unnecessary adjournment to either of the parties.

The learned trial judge is requested to frame issue expeditiously. The learned trial judge is further requested to make an endeavour to see that the suit is disposed of as expeditiously as possible without granting unnecessary adjournment to either of the parties.

All parties are to act on the server copy of this order duly downloaded from the official website of this court. Certified copy of this order, if applied for, shall be made available to the parties.

[Hiranmay Bhattacharyya, J]