NAKUL CHANDRA MAITY v. CHANDI CHARAN MAITY AND ANR
CO/1039/2025 · 2026-03-19
Ajay Kumar Gupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 17872 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17872 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
19.03.2026 Sl. No. 19 Ct.No. 32 Amalranjan IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE
C.O. 1039 of 2025
Nakul Chandra Maity Vs Chandi Charan Maity and anr.
Mr. Sounak Bhattacharya Mr. Sounak Mandal Mr. Abhirup Halder Ms. Bipasha Bhattacharyya …for the petitioner
Ms. Monalisa Das …for the opposite parties
1. This instant revisional application under Article 227 of the Constitution of India has been filed at the instance of the plaintiff/ petitioner.
2. The Petitioner challenges the order being no. 53 dated 10.03.2025 passed by the learned 3rd Civil Judge (Senior Division) 1st Court at Tamluk, Purba Medinipur in Title Suit No. 85 of
2019.
3. By the said order, the learned trial court fixed the date, i.e. 23.06.2025, for hearing of the application filed under Order 39 Rule 7 praying for local inspection and allowed the defendant to file a Written Objection, if any.
4. Prayer for adjournment sought by the learned counsel for opposite parties at the motion stage is hereby rejected.
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5. Having heard the learned counsel for the petitioner and upon careful perusal of the order impugned, it does not appear that any substantive order has been passed by the trial court. Furthermore, a date has been fixed for the hearing, and an opportunity has been given to the other side to file a written objection. It is the right of the defendant to be allowed time to file the written objection in accordance with law. Therefore, the order impugned calls for no interference.
6. None of the parties would be prejudiced if this court requests the trial court to dispose of the application, which is still pending for a considerable period of time, as expeditiously as possible without granting unnecessary adjournment to the parties, unless unavoidable circumstances.
7. With the above observations, the revisional application being C.O. No. 1039 of 2025 is, thus, disposed of without order as to costs.
8. Connected applications, if any, are also, thus,
disposed of.
9. Let a copy of this order be communicated to the Trial Court for information.
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10. All parties are to act in terms of the copy of this
order downloaded from the official website of this court.
(Ajay Kumar Gupta, J. )