Calcutta High CourtCO/3428/2025disposed

Mukul Seikh And ORS v. Islam Seikh And ORS

2025-09-17Hon'Ble Justice Hiranmay Bhattacharyya2 pages

D/L- 21 17/09/2025 Ct. No.-6 Aritra C.O. 3428 of 2025 Mukul Seikh & Ors.

Vs.

Islam Seikh & Ors.

Mr. Sarbananda Sanyal Mr. Hamidur Rahaman ....for the petitioners This application under Article of the Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Sr. Div.) at Lalbagh, District-Mushidabad to dispose of the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure and the application under Order 1 Rule 10(2) of the Code of Civil Procedure in Partition Suit No.225 of 2020 expeditiously.

Mr. Sanyal, learned advocate appearing for the petitioner submits that both the applications are otherwise ready for hearing. He submits that the hearing of the aforesaid applications have been fixed in the month of February, 2026.

In view of the order sought and proposed to be passed this Court feels that there is no necessity to direct issuance of any notice upon the opposite parties. However, the learned advocate for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite parties or the learned

advocates representing the opposite parties before the learned trial judge.

In the light of the submission made by the learned advocate for the petitioner, CO 3428 of 2025 stands disposed of by requesting the learned Civil Judge (Sr. Div.) at Lalbagh, District-Mushidabad to take up the hearing of the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure and the application under Order 1 Rule 10(2) of the Code of Civil Procedure in Partition Suit No.225 of 2020 on the next date fixed, if the same is otherwise ready for hearing and to make an endeavour to dispose of the same as expeditiously as possible without granting any unnecessary adjournments to either of the parties.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Hiranmay Bhattacharyya, J.)