Kanhaiya Shaw v. Zubaida Hamid And ORS

Sl.7 11.06.2025 Court No.6 BP C.O. 1974 of 2025 Kanhaiya Shaw -versusZubaida Hamid & Ors.

Mr. Sudhakar Thakur Ms. Sana Sultana ... for the petitioner This application under Article 227 of the Constitution of India is at the instance of an applicant under Order 22 Rule 10 of the Code of Civil Procedure praying for a direction upon the learned Civil Judge (Junior Division), 2nd Court at Alipore to dispose of such application expeditiously.

The learned advocate appearing for the petitioner submits that the said application was filed on 8th April, 2021 but no date of hearing of such application has been fixed.

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 this application this Court finds that the application under Order 22 Rule 10 of the Code of Civil Procedure was filed

on 8th April, 2021. On a query as to whether such application has been served upon the other side, the learned advocate appearing for the petitioner submits that such application has not yet been served upon the other side. The learned advocate however undertakes that copy of such application shall be served upon the opposite party within a week from date.

In the light of the submissions made by the learned advocate for the petitioner, C.O. 1974 of 2025 stands disposed of by requesting the learned Civil Judge (Junior Division), 2nd Court at Alipore to fix a date of hearing of the application under Order 22 Rule 10 of the Code of Civil Procedure after a copy of such application is served upon the other side and to make an endeavour to see that the same is disposed of as expeditiously as possible but preferably within a period of three months from the next date fixed for hearing of such application. 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.)