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2025 DAILYLAW 21107 (CAL)

SK MUSLEHUDDIN AND ANR v. MD HASEN SINCE DECEASED REP BY ITS LEGAL HEIRS RAJEK AND ORS

CO/1446/2025 · 2025-05-01

Hiranmay Bhattacharyya

body2025

Judgment text

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Court No. 6 (265719) 01.05.2025 (AD 31) (S. Banerjee) CO 1446 of 2025 Sk. Muslehuddin & Anr. Vs. Md. Hasen & Ors. Mr. Omar Faruk Gazi Md. Muslehuddin Ms. Ayesha Najrin …for the petitioners 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. Division) 2nd Court at Berhampore to dispose of Title Suit No. 214 of 2000. In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite parties. However, the learned advocate-on-record of the petitioners shall be obliged to forward a copy of this application along with this order, upon the opposite parties or upon the learned advocate representing the opposite parties before the learned trial judge. From the order-sheets appended to this application this Court finds that December 6, 2024 was fixed for hearing of the substitution application dated August 16, 2024. Learned advocate for the petitioners submits that such application is still pending. In the light of the aforesaid submissions made by the learned advocate for the petitioners, CO 1446 of 2025 is disposed of by requesting the learned Civil Judge (Jr. Division) 2nd Court at Berhampore to dispose of the substitution application dated August 16, 2024 as expeditiously as possible. After disposal of the substitution application, the learned trial judge is requested to proceed with the suit in accordance with law and make an endeavour to see that Title Suit No. 214 of 2000 is disposed expeditiously without granting any unnecessary adjournment to either of the parties. (Hiranmay Bhattacharyya, J.) 2