Swapan Kumar Mandal And ANR. v. Laljhi Shaw And ORS.

Item No.- 21 21.05.2026 Court No. 6 Rohan In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. 1667 of 2026 Dr. Swapan Kumar Mandal & Anr.

Versus

Mr. Laljhi Shaw & Ors.

Ms. Dipika Banu, Mr. S. Chakraborty, Ms. Bolivia Roy.

... for the Petitioners

1. This revisional application seeks expeditious disposal of Title Suit No. 495 of 2024 pending before the learned Judge, Bench-II, City Civil Court at Kolkata.

2. Learned advocate appearing for the petitioners has taken this Court through the orders fixing dates for cross-examination of P.W.

1, which began on December 2, 2024 and is yet to be concluded. By the order dated April 2, 2026 (which happens to be the last order in the series of the orders pertaining to crossexamination of P.W. 1) the next date has been fixed on July 3, 2026. It is evident from the order dated April 2, 2026 that on the said date, neither the defendants nor their learned advocate was present to cross examine the plaintiffs' witness.

3. The learned advocate appearing for the petitioners has also invited the attention of this Court to an earlier order dated September 19, 2025 passed by this Court

in C.O. 3502 of 2025, whereby, the learned Trial Court had been requested to make an endeavour to dispose of Title Suit No. 495 of 2024 as expeditiously as possible without granting any unnecessary adjournments to either of the parties. It is noticed that after the order dated September 19, 2025 having been passed, almost six months have expired and the crossexamination of the plaintiffs' witness No. 1 is still under way.

4. Having regard to the nature of the order proposed to be passed, direction for prior service of a copy of the revisional application along with notice is not being made, however, the petitioners shall remain obliged to serve a copy of the revisional application along with a copy of this order on the opposite party within a week form date.

5. Having heard the learned advocate appearing for the petitioners and having perused the materials on record, this revisional application is disposed of by requesting the learned Judge, Bench-II, City Civil Court at Kolkata to conclude the evidence of the plaintiffs as well as the defendants as expeditiously as possible and preferably within a period of four months form the next date fixed without granting any unnecessary adjournments to either of the parties.

6. It is clarified that if on the next date fixed, i.e., on July 3, 2026, the cross-examination of P.W. 1 is not concluded by the defendants, then in that case, the learned Trial Court will pass appropriate orders so as to ensure that the same is concluded, at the most, by the next date whereafter, the cross-examination of P.W.s shall stand closed if time is again sought for by the defendants for the purpose of conclusion of such cross-examination.

7. The learned Trial Court is further requested to endeavour to conclude the hearing of the suit as expeditiously as the business of the learned Trial Court would permit without granting any unnecessary adjournment to either of the parties.

8. With the aforesaid observations, C.O. 1667 of 2026 stands disposed of. There shall be no order as to costs.

9. Urgent Photostat certified copy of the order, if applied for, be given to the parties upon compliance with all requisite formalities.

(Om Narayan Rai, J.)