Harendranath Sarkar @ Haren Sarkar v. Bijay Sahani And ORS.

D/L- 45 16/09/2025 Ct. No.-6 Aritra C.O. 3454 of 2025 Harendranath Sarkar @ Haren Sarkar Vs.

Bijay Sahani & Ors.

Mr. Tanmay Basu Ms. Ambika Sasmal Mr. Md. Aasif Iqbal ....for the petitioner This application under Article of the Constitution of India is at the instance of the defendant No.1 praying for a direction upon the learned Civil Judge (Jr. Div.), 1st Court at Malda to dispose of the Title Suit No.55 of 2023 expeditiously.

The learned advocate appearing for the petitioner submits that the petitioner has purchased the plot of land and after mutating his name in the Revenue Record as well as Records of the Municipality has obtained a sanction plan for construction of building. He further submits that during the pendency of the suit the petitioner cannot raise construction thereupon. 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.

The learned advocate for the petitioner submits that September 18, 2025 has been fixed for crossexamination of P.W.1. In the light of the submission made by the learned advocate for the petitioner, CO 3454 of 2025 stands disposed of by requesting the learned Civil Judge (Jr. Div.), 1st Court at Malda to make an endeavour to dispose of the suit 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.)