Calcutta High CourtCO/52/2023disposed

Krishnamoorthy v. Etwa Kachap And ORS

2023-10-10Hon'Ble Justice Subhendu Samanta2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CO/52/2023 Shri Krishnamoorthy ... Petitioner Vs.

Shri Etwa Kachap and Ors. ... Respondents Mr. Rakesh Kumar ... for the Petitioner Mr. K.M.B. Jayapal ...for the Respondents October 10, 2023 [ M.A.Mobin] Item No.13 The instant application was filed for expeditious disposal of a Title Suit pending before the learned Civil Judge, Senior Division at Port Blair being No. TS 231 of 2011.

Learned Advocate appearing on behalf of the petitioner who is the Defendant No.1 before the learned Trial Judge submits that an application was filed by the defendant/petitioner therein under Order 26 of CPC praying for local investigation of the suit property. The same application is still pending.

It appears that the pendency of the application for local investigation (Order 26 Rule 9 CPC) is the ground for delay proceeding of the instant suit. At this juncture learned Advocate for the petitioner submits that necessary direction be made upon the learned Trial Judge so that the

application under Order 26 Rule 9 may be disposed of as expeditiously as possible.

Learned Advocate appearing on behalf of the sole plaintiff/opposite party no.1 herein submits that necessary direction may be made so that the present opposite party may be given an opportunity to file written objection against the said application.

Perused the certified copy of the orders passed by the learned Trial Judge. The suit was filed for partition. The disposal of Order 26 Rule 9 CPC is necessary for the final determination of the suit itself. Considering the same the learned Civil Judge, Senior Division, Port Blair is directed to dispose of the application under Order 26 Rule 9 CPC within December, 2023. The present Opposite Party No.1 i.e. plaintiff is at liberty to file written objection against the said application before the learned Trial Judge within November, 2023.

The learned Trial Judge after considering the application as well as the objection filed by the plaintiff/present opposite party no.1 shall dispose of the application according to the law without being influenced by any of the findings of this Court.

CO 52 of 2023 is disposed of.

CAN application if pending, is also disposed of. (Subhendu Samanta, J.)