Gouri Bhattacharya And ANR v. Sahadev Chaira And ORS

Sl 24 24.06.2025 Court No.6 BP C.O. 2216 of 2025 Smt. Gouri Bhattacharya & Anr.

-versusSri Sahadev Chaira & Ors.

Mr. Devansh Sonthalia ... for the petitioners This application under Article of the Constitution of India is at the instance of the plaintiffs praying for a direction upon the learned Civil Judge (Senior Division), 1st Court, Paschim Medinipur to dispose of the Money Suit No. 78 of 2014 and the connected Miscellaneous Case No. 02 of 2019 and Miscellaneous Case No. 24 of 2023 expeditiously.

From the order-sheets appended to this application this Court finds that the Miscellaneous Case No. 24 of 2023 which is an application under Order 9 Rule 4 of the Code of Civil Procedure is not yet ready for hearing as 19th May, 2025 was fixed for service returns and for appearance of the substituted opposite parties. The learned advocate appearing for the petitioners could not apprise this Court as to whether the substituted opposite party in the miscellaneous case has entered appearance.

For such reason, this Court is not inclined to pass any direction for expeditious hearing at this stage. With the above observations and directions, C.O. 2216 of 2025 stands disposed of.

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.)