Jiten Chandra Arya @ Arjya And ORS v. Debasish Das And ANR

72 17.12.2024 jb.

jdt.

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Civil Revisional Jurisdiction C.O. 214 of 2024 In re: Jiten Chandra Arya @ Arjya & Ors.

Mr. Sandip Guha Roy Mr. Ananda Paul ... For the Petitioners Mr. Sourav Sarkar ... For the Opposite Party no. 1 Heard learned counsels for the petitioners and the opposite party no. 1.

The petitioners seek withdrawal of the suit pending before the learned Additional District and Sessions Judge, Fast Track, 2nd Court, Jalpaiguri. Learned counsel for the petitioners submits that an application filed by the petitioners before the learned Judge under Order XXIII Rule 3 of the Code of Civil Procedure has not been considered as yet. In view of the above, learned Additional District and Sessions Judge, Fast Track, 2nd Court, Jalpaiguri is directed to consider and dispose of the application filed by the petitioners under Order XXIII Rule 3 of the Code of Civil Procedure on the next date of hearing fixed before him and if the same is not possible on the said date due to unforeseen reasons, within two weeks thereafter, upon affording reasonable opportunity of hearing to

the parties and without granting any unnecessary adjournment to either of the parties, in accordance with law.

C.O.214 of 2024 is disposed of.

Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J)