Sk.Osifar Rahaman Mondal v. Sk. Najirul And ORS

08.08.2024 Item No.17, DL Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 2808 of 2024 Sk. Osifar Rahaman Mondal -Vs- Sk. Najirul & Ors.

Mr. Lutful Haque, Mr. Ejaz Hossain, ......for the petitioner.

The instant application under Article 227 of the Constitution of India is at the instance of the defendant no1. in a suit for eviction, and is directed against Order No. 28 dated June 27, 2024 passed by the learned Civil Judge (Junior Division), Additional Court, District : Hooghly in the said suit being Title Suit No. 156 of 2020. On June 27, 2024, the cross-examination of P.W.1 was deferred on the prayer of the petitioner; and a further date for such crossexamination was fixed on July 31, 2024. The petitioner has challenged the said order. On the query of the Court, the learned Counsel for the petitioner informs this Court that even on July 31, 2024, the cross-examination of the said witness was deferred on the prayer of the petitioner.

The suit is pending since 2020; the attempt of the petitioner to delay the disposal of the suit is apparent.

The order impugned therefore does not call for any interference.

C.O. 2808 of 2024 is thus dismissed without any order as to costs.

It is however made clear that in the event the petitioner fails to conclude the crossexamination of the P.W1 on the next date fixed, the evidence of the said witness shall stand closed.

The learned Trial Judge is requested to expedite the disposal of the suit.

Parties to act on the server copy of this order duly downloaded from the official website of this Court.

Urgent Photostat certified copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)