Rustom Chowdhury And ORS v. Md Tajrul Islam Chowdhury

Sl.35 13.05.2025 Court No.6 BP C.O. 1650 of 2025 Rustom Chowdhury & Ors.

-versusMd. Tajrul Islam Chowdhury Mr. Raghunath Chakraborty Ms. Mohona Das ... 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 (Senior Division), 1st Court at Berhampore, Murshidabad to dispose of Partition Suit No. 353 of 2014 expeditiously.

From the order sheets appended to this application this Court finds that an application for substitution upon the death of the defendant was filed on 29th April, 2024 and hearing of such application has been fixed on 6th December, 2025.

After some argument the learned advocate appearing for the petitioners prays for liberty to file an application before the learned trial judge for preponing the next date of hearing.

In the light of the submissions made by the learned advocate for the petitioners, C.O. 1650 of 2025 is disposed of by giving liberty to the petitioners to file an application for preponing the next date of hearing

and if such application is filed the learned trial judge shall consider the same and pass orders in accordance with law.

There shall, however, be 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.)