Nilmoni Ghosh Alias Sri Nilmani Ghosh v. Rupali Dey And ORS

Sl.32 04.08.2025 Court No.6 BP C.O. 3166 of 2024 Sri Nilmoni Ghosh @ Sri Nilmani Ghosh -versusShib Sankar Dey & Ors.

Mr. Siddartha Sarkar Mr. A.R. Pati ... for the petitioner This application under Article of the Constitution of India is at the instance of the decree holder praying for a direction upon the learned Civil Judge (Junior Division), Bishnupur to dispose of J. Misc. Case No. 23 of 2018 arising out of Title Suit No. 37 of 2012 expeditiously.

The learned advocate appearing for the petitioner submits that the suit was decreed ex parte on 12th January, 2017. Thereafter the opposite parties filed an application under Order 9 Rule 13 of the Code of Civil Procedure which was registered as J. Misc. Case No. 23 of 2018. He further submits that the J. Misc. Case is at the evidence stage and 12th August, 2025 has been fixed for further evidence of the opposite parties herein. 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 petitioner 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 judge. In the light of the submissions made by the learned advocate for the petitioner, C.O. 3166 of 2024 stands disposed of by requesting the learned Civil Judge (Junior Division), Bishnupur to make an endeavour to dispose of the J. Misc. Case No. 23 of 2018 as expeditiously as possible without granting any unnecessary adjournments to either of the parties.

There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)