Niladri Dhar v. Ld Court Of The 7 Th Civil Judge Sr Division Alipore Kol 27 And ANR

O-14 ORDER SHEET WPO No.1 of 2025

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE NILADRI DHAR VS LEARNED COURT OF THE 7TH CIVIL JUDGE, SENIOR DIVISION, ALIPORE, SOUTH 24 PARGANAS, KOLKATA-700027- THROUGH ITS PRESIDING OFFICER & ANR.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date : 6th January, 2025.

Appearance:

Mr. Niladri Dhar (in person) ..the Petitioner.

1.

The petitioner is appearing in person. A prayer has been made for issuance of Writ of Prohibition restraining the learned Court of 7th Civil Judge, Senior Division, Alipore, from delivering the final judgment in Title Suit No.134 of 2021 pending before it.

2.

The petitioner submits that there was an interim order of stay of all further proceedings in the subject title suit till the end of November, 2024 or until further order, whichever is earlier. The petitioner admits that despite best effort he failed to get the interim order extended by the Court. 3.

Admittedly, as on date there is no order restraining the learned Trial Court from proceeding with the subject suit.

4.

In view of the above, the prayer made by the petitioner seeking restraint upon the learned Civil Judge from delivering judgment cannot be allowed. The petitioner ought to have ensured that the stay order is extended in proper

time. In the absence of an order of stay from proceeding further with the suit, this Court is not in a position to grant relief to the petitioner. 5.

The writ petition fails and is hereby dismissed. 6.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm