Mithilesh Prasad v. Raj Bahadur Hukla Alias Raj Bahadur Sukul And ORS

21.08.2025 Item no.23 Court No.6.

AB C. O. 3034 of 2025 Sri Mithilesh Prasad Vs Sri Raj Bahadur Shukla @ Raj Bahadur Sukul & Ors.

Mr. Shubham Gupta, Ms. Pratyusha Mukherjee, Mr. Rajshekhar Bal Bakshi.....for the Petitioner. This application under Article 227 of the Constitution of India is at the instance of the defendant praying for a direction upon the learned Civil Judge (Sr. Division), 1st Court, Barasat to dispose of Title Suit No.627 of 2013 expeditiously.

The learned advocate appearing for the petitioner submits that repeated directions are being passed upon the plaintiffs/opposite parties herein to take steps for service of summons, but the plaintiff is not taking necessary steps for effective service of summons upon the other defendants.

He further submits that the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure is also pending.

From the order-sheet appended to this revisional application, it appears that the service of summons upon all the defendants has not yet been effected. Thus, the suit is not yet ready for hearing.

In view thereof, this Court is not inclined to pass any direction for expeditious hearing at this stage. It will be open to the petitioner herein to take appropriate steps before the learned Trial Judge. C. O. No.3034 of 2025 stands disposed of accordingly.

(Hiranmay Bhattacharyya, J.)