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Calcutta High CourtCO/1821/2025disposed

Goutam Boral And ORS v. Shrimati Anjali Mondal And ORS

2025-05-22Hon'Ble Justice Dinesh Kumar Sharma4 pages

11.06.2025 Item No.6 Court No. 652 sg C.O. 1821 of 2025 Goutam Boral & Ors.

Vs.

Shrimati Anjali Mondal & Ors.

Mr. Sourav Sen, Sr. Adv.

Mr. Santu Mondal ....for the petitioner.

Present matter has been taken up in the category 'To Be Mentioned'. Learned Counsel for the petitioner submits that there are certain inadvertent errors in the order dated 22nd May, 2025 in the 7th line of 2nd paragraph under has wrongly been typed Order 16 Rule 125 of the Code of Civil Procedure instead of Order 16 Rule 1 to 5 of the Code of Civil Procedure. Learned Counsel for the petitioner also submits that it was inadvertently typed regarding the application for recalling of the order dated 8th August, 2022 under Section 151 of the Code of Civil Procedure.

Learned Counsel also submits that in third line of paragraph-III there is an error instead of "both" "all" has to be typed. Similarly in third line of paragraph -IV of the said order the date inadvertently typed as 28th May, 2025 instead of 20th May, 2025.

Let the correction be carried out.

The other portions of the order dated 22.05.2025 stands unaltered.

(Dinesh Kumar Sharma, J.)

Present petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Title Suit No. 65 of 2006 pending in the Court of the learned Civil Judge ( Junior Division) at Bidhannagar, District -24 parganas (North).

However, during the course of submissions, learned senior counsel for the petitioners submits that he would not press the averments made in the petition for transfer of the matter. Learned senior counsel submits that directions may be issued to the learned Trial Court to dispose of the application under Order 16 Rule 125 of the Code of Civil Procedure and petition for issuance of summons. In the circumstances, without touching upon the merits of the averments made in the petition, learned trial court is directed to dispose of both the applications, on or before 30th June, 2025 after giving notice to the other party.

Learned senior counsel has also submitted that the last date of hearing before the learned trial court was 28th May, 2025 and next date has still not been posted on the website. This is a serious matter. Let the copy of the order be sent to the learned District and Sessions Judge, Bidhannagar, learned District and Sessions Judge, Bidhannagar shall ensure that the next

date of hearing is immediately updated on the website and shall issue necessary instruction all the courts functioning under his jurisdiction. Learned District and Sessions Judge, Bidhannagar shall send the compliance report to the learned Registrar General of this Court for placing the same before this Court.

Copy of the order be sent to the learned Registrar General.

Accordingly, petition stands dispose of.

Let the correction be carried out.

The corrected order be uploaded.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Dinesh Kumar Sharma, J.)