Tapan Roy Chowdhury v. Sipra Roy Chowdhury And Others

06.05.2024 Item No.7 gd/ssd CO/3371/2023 TAPAN ROY CHOWDHURY VS SIPRA ROY CHOWDHURY AND OTHERS Mr. Bhaskar Roy ..for the Petitioner.

Mr. Krishnendu Sarkar, Mr. Abhijit Basu ..for the Opposite party No.1(i) and 1(ii).

Affidavit of service filed in court today is taken on record.

This is an application for expeditious disposal of the pending applications in connection with Title Suit No.39 of 2008 pending before the learned Civil Judge (Senior Division), 3rd Court at Alipore. The preliminary decree in the suit for partition being Title Suit No.39 of 2008 was passed on 4th February, 2010. A Misc. Case under Order IX Rule 13 of the Code of Civil Procedure being Misc. Case No.11 of 2014 was filed at the instance of one of the defendants, namely, Smt. Manashi Ghosh. The said Misc. Case No.11 of 2014, however, stood dismissed for default on 2nd December, 2013. An application under Order IX Rule 9 of the Code of Civil Procedure for setting aside the said order of dismissal was filed which was registered as Misc. Case No.36 of 2023.

The learned Advocate appearing for the petitioner submits that several applications filed by the petitioner herein as well as the opposite parties are still pending.

However, taking note of the fact that a Misc. Case under Order IX Rule 13 of the Code for setting aside the ex parte preliminary decree stood dismissed for default and a Misc. Case for restoration of the same is pending, this court is of the considered view that the Misc. Case under Order IX Rule 9 of the Code of Civil Procedure being Misc. Case No.36 of 2023 is to be disposed of first. In view thereof, the learned Civil Judge (Senior Division), 3rd Court at Alipore is requested to take up the hearing of the Misc. Case No.36 of 2023 on the next date fixed, if the same is otherwise ready for hearing, and to dispose of the same as expeditiously as possible without granting any unnecessary adjournments to either of the parties.

With the aforesaid direction, CO 3371 of 2023 stands disposed of.

There will be no order as to costs.

Urgent certified copy of this order, if applied for, be given to the learned advocates for the parties on usual formalities.

(HIRANMAY BHATTACHARYYA, J.)