Aloke Kumar v. Susandip Pathak

18.06.2025 Court No.25 Item No.13 sudipta

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE C.O. 2103 of 2025 Aloke Kumar Vs.

Susandip Pathak Mr. Subhajit Saha Ms. Srijani Mukherjee ...for the petitioner

1. Present petition has been filed for transfer of Title Suit No. 332 of 2025 pending before the learned Civil Judge (Sr. Divn.), 9th Court, Alipore, South 24 Parganas to the City Civil Court at Calcutta.

2. During the course of submissions, learned counsel for the petitioner has informed that the plaintiff had moved the learned District Judge, South 24 Parganas, for transfer of Title Suit No. 332 of 2025 from Civil Judge (Sr. Divn.), 9th Court, Alipore, to the Civil Judge (Sr. Divn.), 10th Court, Alipore.

3. Let the petitioner may also move the learned District Judge, South Parganas, for administrative transfer of the matter to any Court other than the Civil Judge (Sr. Divn.), 9th Court, Alipore, and the Civil Judge (Sr. Divn.), 10th Court, Alipore.

4. Learned District Judge, South 24 Parganas, shall decide the same in accordance with the law taking into account the grievances of the petitioner. Learned District Judge, South 24 Parganas, shall decide the issue of transfer within fortnight i.e. on or before 15th July, 2025. The proceedings of Title Suit no. 332 of 2025 shall remain stayed till 15th July, 2025.

5. Learned District Judge, South 24 Parganas, shall decide the transfer application without being influenced by the order of this Court. It is made clear that this Court has not gone into the merits of the case and no expression made therein shall tantamount to be an expression on the merits of the case.

6. The petition stands disposed of.

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

(Dinesh Kumar Sharma, J.)