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Calcutta High CourtCO/2727/2025disposed

Anjana Basu And ORS v. Sankar Kumar Ganguly And ORS

2025-08-08Hon'Ble Justice Hiranmay Bhattacharyya2 pages

Court No. 6 CO 2727 of 2025 (265719) 08.08.2025 Ms. Anjana Basu & Ors.

Vs.

Sri Sankar Kumar Ganguly & Ors.

(AD 12) (S. Banerjee) Mr. Soujanya Bandyopadhyay ...for the petitioners This application under Article 227 of the Constitution of India is at the instance of the plaintiffs/decree-holders praying for a direction upon the learned Civil Judge (Jr. Division), 7th Court at Howrah to dispose of Misc. Case No. 110 of 2023 as well as Title Execution Case No. 67 of 2023 arising out of Title Suit No. 441 of 2022 expeditiously. Learned advocate appearing for the petitioners submits that the suit was decreed ex parte.

The opposite parties filed an application under Order 9 Rule 13 of the Civil Procedure Code which is registered as Misc. Case No. 110 of 2023. He further submits that the said application is still pending and the court is lying vacant.

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 petitioners shall be obliged to forward a copy of this application along with this order, upon the opposite parties or upon the learned advocate representing them before the learned trial judge.

From the order-sheets appended to this application this court finds that December 18, 2025 has been fixed for cross-examination of PW-1 in Misc. Case No. 110 of 2023.

In view thereof, CO 2727 of 2025 stands disposed of by requesting the learned Civil Judge (Jr. Division), 7th Court at Howrah to make an endeavour to dispose of the Misc. Case No. 110 of 2023 as expeditiously as possible, preferably within a period of six months after the regular Presiding Officer joins, without granting any unnecessary adjournment to either of the parties.

(Hiranmay Bhattacharyya, J.)