Hulas Kumar Todi And ANR. v. Sakshi Nirmal
Sl.30 24.09.2025 Court No.6 BP C.O. 3522 of 2025 Mr. Hulas Kumar Todi & Anr.
-versusM/s. Sakshi Nirmal Mr. Abdul Masood Ms. Debanwita Pramanik Ms. Shreyanshi Sarkar ... for the petitioners This application under Article 227 of the Constitution of India is at the instance of the plaintiffs praying for a direction upon the learned Civil Judge (Senior Division), 5th Court at Alipore to dispose of the application under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure filed in Title Suit No. 1824 of 2022 expeditiously. The learned advocate appearing for the petitioners submits that the petitioners filed Title Suit No. 1824 of 2022. The defendant/opposite party in the written statement has set up a counter claim and the petitioners filed an application under Order 7 Rule 11 of the Code of Civil Procedure praying for rejection of the counter claim.
In view of the order sought and proposed to be passed, there is no necessity to issue notice upon the opposite party. However, the learned advocate appearing for the petitioners shall be obliged to
forward a copy of this application along with this order upon the opposite party or upon the learned advocate representing the opposite party before the learned trial judge.
From the ordersheets appended to this application this Court finds that 6th January, 2026 is the date fixed for hearing of the application under Order 7 Rule 11 of the Code of Civil Procedure. In the light of the submissions made by the learned advocate for the petitioners, C.O. 3522 of 2025 stands disposed of by requesting the learned Civil Judge (Senior Division), 5th Court at Alipore to take up the hearing of the application under Order 7 Rule 11 of the Code of Civil Procedure on the next date fixed i.e. on 6th January, 2026 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 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.)