Smti.Mamta Agarwal v. Smti.Sweta Agarwal

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** CO/56/2024 Smt. Mamta Agarwal Vs Smt. Sweta Agarwal Mr. N.A.Khan ... for the petitioner Ms. Sohini Samanta ... for the respondent January 13, 2025 [AKB] Item Nos.1 The present application is a revisional application preferred under Article 227 of the Constitution of India. Against the order dated 16.08.2024 passed by the learned Joint Civil Judge Senior Division, Port Blair in the Title Suit No. 283 of 2024 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 11.10.2023 the learned Trial Court passed an order directing that the matter will be heard ex-parte. He also submits that on 15.03.2024 ultimately the ad-interim order of injunction was made absolute ex parte.

An application seeking appointment of receiver was preferred by the petitioner/plaintiff which has been disposed of ex-parte on 07.06.2024.

Ultimately the respondent/defendant through the learned counsel on 25.07.2024 filed written statement along with several

applications praying for vacating the order of hearing the suit ex parte.

The learned counsel for the petitioner further submits that on 17.01.2025 it is fixed for hearing of all the applications. 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 respondent is eager to have the said suit disposed.

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 25.07.2024 along with showing cause and ex-parte vacating petition and an application praying for acceptance of the written statement.

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.)