Shri. Brijesh Kumar Tyagi v. Smti. Kadambini Biswas

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/50/2024 Shri. Brijesh Kumar Tyagi and others Vs.

Smti. Kadambini Biswas Mr. Lokesh Chezian N ... for the petitioners November 18, 2024 [AKB] Item No.4

1. In this application under Article of the Constitution of India, the petitioners allege that though the Money Suit No. 42 of 2023 as pending before the Joint Civil Judge, Senior Division, Port Blair is running in the ex parte board, even then the progress of the said Money Suit 42 of 2023 is very slow, since the defendant of the said suit is/was filing application for adjournment one after another.

Learned advocate for the petitioner draws attention of this Court to the certified copy of the orders as passed in Money Suit No. 42 of 2023.

2. On perusal of the said orders it reveals that admittedly Money Suit No. 42 of 2023 is running in the ex parte board. On a number of occasions the defendant has filed the applications for adjournment and though such prayers have been rejected by learned Trial Court but for some reasons or other Trial Court could not complete the recording of evidence of all the PWs as yet.

3. It is submitted on behalf of the petitioners that they intend to tender two more PWs in the said suit.

4. Such being the position, this court while disposing the instant Civil Revision, directs the learned Trial Court to fix a date in the first week of December, 2024 for recording evidence of the remaining PWs and in the event on the said day as would be fixed by the learned Trial Court the remaining plaintiff witnesses are

tendered he shall record their evidence and thereafter shall pass final order/judgment in Money Suit No. 42 of 2023 positively within the last day of December, 2024.

5. It is made clear that time limit as framed by this Court is peremptory and mandatory.

6. Learned Trial Court is hereby directed to act on the server copy of this order.

7. Registry is directed to communicate this order to the learned Trial Court forthwith.

8. Equal liberty is given to the learned advocate for the petitioners to communicate the server copy of this order to the learned Trial Court for due compliance by the said Court.

9. CO/50/2024 is thus disposed of.

10. Urgent Photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.

(Partha Sarathi Sen, J.)