M/S Sreemaa Associates Pvt Ltd v. Jolly Mukherjee And ANR

Court No. 6 CO 2079 of 2025 (265719) 19.06.2025 M/s. Sreemaa Associates Private Limited Vs.

Smt. Jolly Mukherjee & Anr.

(AD 13) (S. Banerjee) Mr. Soumava Mukherjee ...for the petitioner This application under 227 of the Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Sr. Division), 1st Court at Barasat to dispose of Title Suit No. 656 of 2020 expeditiously.

Learned advocate appearing for the petitioner submits that the application under Order 39 Rule 1 and 2 of the Civil Procedure Code is still pending and the learned trial judge instead of fixing a date of hearing of the application under Order 39 Rule 1 and 2, has fixed a date for framing of issues.

In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite parties. However, the learned advocate-on-record of the petitioner shall be obliged to forward a copy of this application along with this order, upon the opposite parties or upon the

learned advocate representing the opposities party before the learned trial judge.

From the order-sheets appended to this application this court finds that date has been fixed for framing issues.

In the light of the submissions made by the learned advocate appearing for the petitioner that the application under Order 39 Rule 1 and 2 of the Civil Procedure Code is still pending, CO 2079 of 2025 stands disposed of by requesting the learned Civil Judge (Sr. Division), 1st Court at Barasat to fix a date for hearing of the application under Order 39 Rule 1 and 2 of the Civil Procedure Code and to make an endeavour to see that the same is disposed of as expeditiously as possible without granting any unnecessary adjournment to either of the parties, provided the same is otherwise ready for hearing. (Hiranmay Bhattacharyya, J.)