Court No. 6 (265719) 05.03.2025 (AD 36) (S. Banerjee) CO 613 of 2025 Tapas Mondal & Anr. Vs. Nilachal Chatterjee & Ors. Mr. Kushal Chatterjee Mr. Oishik Chatterjee …for the petitioners Affidavit of service filed in Court today, is taken on record. In spite of service none appears to oppose this application. This application is at the instance of the defendants in a suit for recovery of khas possession and is directed against the orders dated July 25, 2023 and January 18, 2024, both passed by the learned Civil Judge (Jr. Division), 2nd Court, Sealdah, South 24 Parganas, in Ejectment Suit No. 73 of 2022. By the order dated May 12, 2023, the learned trial Judge vacated the order fixing the suit for ex parte hearing subject to payment of cost of Rs. 3,000/- and the defendants were directed to serve copy of the written statement to the plaintiff and the proforma defendant. However, such cost was not paid and the learned trial Judge by an order dated July 25, 2023 fixed the suit for ex parte hearing against the petitioners herein. Thereafter the petitioners filed an application for vacating the order fixing the suit for ex parte hearing by order dated July 25, 2023. Such application stood rejected with a cost of Rs. 2,000/- Mr. Chatterjee, learned advocate appearing for the petitioners submits that the petitioners have tendered the total sum of Rs. 5,000/- by Money Order to the opposite party nos. 1 and 2 herein and the said amount has been duly received by the said opposite parties. Petitioners are directed to file an affidavit by tomorrow, i.e., March 6, 2025, annexing the evidence in support of such payment made to the opposite party. It is not in dispute that the written statement has already been filed and the copy of the same has already been served upon the plaintiff and the proforma defendant. Since the cost as directed by the learned trial Judge as a condition for vacating the order fixing the suit for ex parte hearing, has been complied with and the defendants/petitioners herein have filed the written statement, this Court is of the considered 2 opinion that interest of justice would be subserved if the order fixing the suit for ex parte hearing is vacated. In view thereof, orders dated July 25, 2023 and January 18, 2024, passed by the learned trial Judge, are set aside. The learned trial Judge is requested to proceed with the Ejectment Suit No. 73 of 2022 (R) in accordance with law. With the above observation and direction, CO 613 of 2025 stands disposed of. (Hiranmay Bhattacharyya, J.) 3