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2025 DAILYLAW 13106 (CAL)

BANESWAR SAMANTA v. SOUMEN SAMANTA AND ORS

CO/764/2025 · 2025-03-05

Hiranmay Bhattacharyya

body2025

Judgment text

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D/L- 19 05/03/2025 Ct. No.-6 Aritra C.O. 764 of 2025 Baneswar Samanta Versus Soumen Samanta & Ors. Mr. S.K. Bhattacharyya Mr. S. Burman …for the petitioner This application under Article 227 of the Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Jr. Div.), 3rd Court, Tamluk to take up the hearing of the application for appointment of a handwriting expert which was filed on August 17, 2024. From the order sheets appended to the civil revision application this Court finds that March 17, 2025 has been fixed for ex parte hearing. The learned advocate appearing for the petitioner submits that no date has been fixed for hearing of the petition for appointment of an LTI expert. Since March 17, 2025 has been fixed for ex parte hearing this Court is of the considered view that the interlocutory application for appointment of an LTI expert is to be taken up prior to taking up the suit for hearing. In view thereof CO 764 of 2025 is disposed of by requesting the learned Civil Judge (Jr. Div.), 3rd Court, Tamluk to take up the hearing of the application for 2 appointment of an LTI expert filed on August 17, 2024 and to dispose of the same as expeditiously as possible. After disposal of the said application the learned Trial Judge shall make an endeavor to see that the suit is disposed of expeditiously. There will be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Hiranmay Bhattacharyya, J.)