Susmita Kundu And ORS v. Bela Kundu And ORS

AKG 09-12-2021 C.O. 1764 of 2021 Smt. Susmita Kundu & Ors.

Ct.21

Versus

Smt. Bela Kundu & Ors.

(VIA VIDEO CONFERENCE) Mr. Anirban Pramanick, Ms. Subhasree Dey ...for the Petitioner Mr. Debjit Mukherjee, Ms. Susmita Chatterjee ...for the Opposite Party Affidavit of Service is filed along with postal receipt and track report showing due service.

Mr. Anirban Pramanick, learned advocate appears for the petitioners and Mr. Debjit Mukherjee, learned advocate appears for the opposite parties.

By filling the present revisional application the petitioners have prayed for setting aside the order dated 25th June, 2021 passed by the learned Civil Judge (Sr. Division), 2nd Court at Barasat in Title Suit No. 72 of 2020. But at the time of hearing, the learned advocate for the petitioner alleged that by filing the present revisional application, the petitioner wants expeditious disposal of the title suit mentioned above. On the other hand, the learned advocate for the opposite party alleged the suit in question is at its budding stage and where the opposite party/defendant has just filed written statement which is yet to be

accepted.

That apart order under challenge read as "Local Bar Association has passed a resolution not to pass any adverse order due to Covid-19 situation to 01.10.2021 for acceptance of W/S by the defendant". So, here I find the impugned order has not decided any cause affecting the right and interest of the petitioner. The order impugned appeared to be a normal order passed in normal course of business of the Court or to regulate the further proceeding of the case.

Therefore, I do not find the order under challenge to be illegal or irregular which needs to be interfered by this Court either under Article 227 of the Constitution of India or under Section 115 of the Code of Civil Procedure.

Accordingly, C.O. 1764 of 2021 is dismissed.

However, there will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Kesang Doma Bhutia, J.)