Parashuram Chaudhury And ORS v. Sankar Ghosh And ORS

30.06.2025 Item no. 70.

Court No.6.

AB C. O. 2286 of 2025 Parashuram Chaudhury & Others Vs Sankar Ghosh & Others Mr. D. N. Chatterjee .....for the Petitioners. This application under Article 227 of the Constitution of India is at the instance of the decree holders praying for a direction upon the learned Civil Judge (Sr. Division), 1st Court, Malda to dispose of Misc. Case No.33 of 2023 expeditiously.

The learned advocate appearing for the petitioners submits that the suit was decreed ex parte. The opposite parties herein filed an application under Order 9 Rule 13 of the Code of Civil Procedure which was registered as Misc. Case No.33 of 2023. He further submits that the miscellaneous case is otherwise ready for hearing and date has been fixed for hearing of the said case.

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 petitioners 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 Court.

In the light of the submission made by learned advocate for the petitioners, C.O. No.2286 of 2025 stands disposed of by requesting the learned Civil Judge (Sr. Division), 1st Court, Malda to take up the hearing of the miscellaneous case 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 adjournment to either of the parties. (Hiranmay Bhattacharyya, J.)