Shri.Mahesh Kumar Agarwal v. Shri. Arun Kumar Agarwal

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** CO/55/2024 Shri. Mahesh Kumar Agarawal Vs Shri. Arun Kumar Agarwal Mr. N.A.Khan ... for the petitioner Mr.Surajit Samanta (through virtual mode ) Ms. Sohini Samanta ... for the respondent January 7, 2025 [AKB] Item Nos.5 This is a revisional application. Against the order passed by the learned Trial Court the petitioner/plaintiff has approached this Hon'ble Court.

Learned counsel representing the petitioner/plaintiff submits that this is a suit for partition. He further submits that the said suit has been filed on 15.04.2021 and ad interim temporary order of injunction has been passed on 22.04.2021 and as per the provisions of law notice was served upon the respondent/defendant. He further submits that initially a learned counsel was representing the respondent/defendant but he had not filed any vakalatnama and thereafter another learned counsel entered appearance on behalf of the defendant and filed vakalatnama but did not file either written statement or written objection against the application praying for injunction. He further submits that thereafter once again learned counsel has been changed on behalf of the defendant. He further submits that on 06.12.2023 the learned Trial Court passed an order directing that the matter will be heard ex-parte. He also submits that on 27.02.2024 ultimately the application seeking injunction was disposed of ex-parte.

Learned counsel further submits that evidence of PW 1 took place on 08.07.2024. He further submits that on the very date i.e. on 08.07.2024 written statement has been filed on behalf of the defendant but no application has been filed praying for vacating the order of ex-parte or accepting the written statement. Learned counsel further submits that on 26.07.2024 on behalf of the

defendant, show cause and an application praying for vacating the order of ex-parte and acceptance of the written statement has been filed.

The learned counsel further submits that this is nothing but lingering the lis and harassing the plaintiff as such he seeks an order directing early disposal of the suit for partition. The learned counsel representing the respondent/defendant submits that the plaintiff had sought for an adjournment on 08.11.2024 and written statement has been filed before the Trial Court.

Considered the submissions of the learned counsels. It is fact that the lis is a suit for partition. It is also fact that on behalf the defendant several learned counsels had entered appearance one after another and ultimately written statement has been filed just on 08.07.2024 and on 26.07.2024 show cause alongwith ex-parte vacating petition and an application praying for acceptance of the written statement has been filed. Considering the aforesaid facts and circumstances the learned Trial Court is requested to pass the preliminary decree in the partition suit, including the pending applications filed on behalf of either of the parties, preferably before the annual vacation (puja vacation) of 2025, without granting any unnecessary adjournment sought for by any of the parties. The present revisional application is disposed of. (Supratim Bhattacharya, J.)