Natural Plaza Pvt Ltd v. Bardhaman Housing Development Pvt Ltd And ORS

ML. 109 03.12.2025 Court. No. 6 GB C.O. 3990 of 2025 Natural Plaza Private Limited Vs.

Barddhaman Housing Development Private Limited & Ors.

Mr. Abhrajit Mitra, Sr. Adv., Mr. Satadeep Bhattacharyya, Ms. Sriparna Mitra, Mr. S.Biswas, Mr. A. Bera ... for the Petitioner.

1. By this application, the petitioner seeks preponement of the date of hearing of the application under Order 7 Rule 11 of the Code of Civil Procedure, filed in connection with Title Suit No.87 of 2023, which is pending before the learned Civil Judge (Junior Division), 2nd Court at Purba Burdwan.

2. The petitioner is aggrieved by the order dated November 3, 2025, passed by the learned Civil Judge (Junior Division), 2nd Court at Purba Burdwan. The court refused to prepone the date of the hearing of the maintainability application and fixed the same for hearing on February 20, 2026.

3. I am not inclined to interfere with the order impugned. However, Mr. Mitra, learned senior advocate for the petitioner submits that the court may be directed to hear out the said application expeditiously. Such prayer is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such

expeditious disposal shall enure to the benefit of the parties.

4. Under such circumstances, the revisional application is disposed of with a direction upon the learned court to hear out the application and dispose of the same as expeditiously as possible, preferably within a period of three months from the next date fixed, upon ensuring that the written objection to the same is filed. Adequate opportunity shall be given to the parties to contest the same.

5. This court has neither expressed any opinion on the merits of application nor on the merits of the suit. The learned court shall proceed independently and in accordance with law.

6. The revisional application is accordingly disposed of.

7. A copy of the revisional application, along with a server copy of this order be served upon the opposite parties and/or the learned advocate contesting the matter on behalf of the opposite parties in the learned trial court.

8. There shall be no order as to costs.

9. Parties are to act on the server copy of this order. (Shampa Sarkar, J.)