Ashim Dey v. Sandhya Dutta And ORS

A.1128 02.07.2025 Court No.6 BP C.O. 1806 of 2024 Sri Ashim Dey -versusSandhya Dutta & Ors.

Mr. Sabyasachi Mukherjee Mr. Mukesh Khanna Ms. Ankita Nandi Mr. Ranabeer Halder ..for the petitioner By this application under Article 227 of the Constitution of India the petitioner has prayed for a direction upon the learned District Delegate at Sealdah to dispose of the Probate Case No. 09 of 2023 expeditiously. The learned advocate appearing for the petitioner files a supplementary affidavit pursuant to the order dated 18th March, 2025 which is taken on record. In the said supplementary affidavit the petitioner has annexed the subsequent order passed in OS 11 of 2024 pending before the learned Additional District Judge, 2nd Court at Sealdah. The learned advocate prays for a direction upon the learned Additional District Judge, 2nd Court at Sealdah to dispose of O.S. Case No.11 of 2024 expeditiously. 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 ordersheets appended to this application this Court finds that 16th April, 2024 was fixed for framing of issues and 27th June, 2025 was fixed for hearing of the application under Section 151 of the Code of Civil Procedure.

The learned advocate appearing for the petitioner submits that 1st August, 2025 has been fixed for hearing of the application under Section 151 of the Code of Civil Procedure.

In the light of the submissions made by the learned advocate for the petitioner, C.O. 1806 of 2024 stands disposed of by requesting the learned Additional District Judge, 2nd Court at Sealdah to take up the hearing of the application under Section 151 of the Code of Civil Procedure on the next date fixed, if the same is otherwise ready for hearing, and to make an endeavour to dispose of the same as expeditiously as possible without granting any unnecessary adjournments to either of the parties. After disposal of the interlocutory application the learned Additional District Judge, 2nd Court at Sealdah is requested to make an endeavour to dispose of O.S. 11 of 2024 as expeditiously as possible without granting any unnecessary adjournments to either of the parties. There shall be, however, 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.)