Shri.Mahesh Kumar Agarwal And ANR v. Shri.Arun Kumar Agarwal And ANR
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR] *** CO/57/2024 Shri. Mahesh Kumar Agarwal and another Vs Shri. Arun Kumar Agarwal and another Mr. N.A.Khan ... for the petitioners Ms. Sohini Samanta ... for the respondents January 13, 2025 [AKB] Item Nos.2 The present application is a revisional application preferred under Article 227 of the Constitution of India. Against the orders No.22 and 25 dated 26.07.2024 and 08.11.2024 respectively passed by the learned Joint Civil Judge Senior Division, Port Blair in Title suit No. 39 of 2024 the petitioner/plaintiff has approached this Hon'ble Court. Learned counsel representing the petitioners/plaintiffs 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 refused on 22.04.
2021 and as per the provisions of law, notice was served upon the respondents/defendants. He further submits that initially a learned counsel was representing the respondents/defendants but he had not filed any vakalatnama and thereafter another learned counsel entered appearance on behalf of the defendants 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 defendants. He further submits that on 09.10.2023 the learned Trial Court passed an order directing that the matter will be heard ex-parte. He further submits that on 24.11.2023 ultimately the application seeking injunction was disposed of ex-parte.
An application seeking appointment of receiver was preferred by the petitioner/plaintiff which has been disposed of ex-parte on 15.07.2024.
Ultimately the respondents/defendants through her learned counsel filed show cause and several applications praying for
vacating the order passed on 26.07.2024 directing that the suit will be heard ex parte.
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 respondents/ defendants submits that the respondents are 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 defendants several learned counsels had entered appearance one after another and ultimately written statement has been filed just on 26.07.2024 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.)