D/L- 21 29/06/2026 Ct. No.- 6 Aritra C.O. 2012 of 2026 Utsab @ Utsav Bhattacharya Vs. Mahuya Bhaduri & Anr. Mr. Rajdeep Bhattacharya Mr. Himadree Ghosh ….for the petitioner Mr. Ayan Poddar Mr. Soham Dutta Ms. Anjali Shaw ….for the opposite parties This application under Article 227 of the Constitution of India is at the instance of the defendant in Title Suit No.196 of 2015 and is directed against an order dated May 11, 2026 passed by the learned Civil Judge (Sr. Div.), 5th Court at Alipore in Title Suit No.196 of 2015. By the order impugned the application filed by the petitioner for recalling the order dated January 30, 2026 stood rejected. Mr. Bhattacharya, learned advocate appearing for the petitioner submits that January 30, 2026 was fixed for evidence of plaintiff/P.W.1 and since the learned advocate for the petitioner was busy attending a matter in another Court, he could not attend to cross-examine the P.W.1 and the cross-examination of P.W.1 stood closed and a date has been fixed for evidence of the defendant witness. He further submits that the petitioner may be afforded an opportunity to cross-examine the P.W.1. Such prayer is seriously opposed by the learned advocate for the opposite parties. He submits that the petitioner sought for an adjournment on various 2 occasions. He further submits that the suit was pending for cross-examination of P.W.1 since May 21, 2025 and the learned trial judge allowed the prayer for adjournment on several occasions and January 30, 2026 was fixed for cross-examination of P.W.1 with a caution to the petitioner that in the event the cross-examination is not done on the said date, the cross-examination of P.W.1 shall stand closed. He further submits that the P.W.1 resides at Noida and it would be difficult for the said P.W.1 to again travel to Kolkata to face the cross-examination. Heard the learned advocates for the respective parties and perused the materials placed. It appears that the learned trial judge has specifically recorded that the suit is pending for cross- examination of P.W.1 since May 21, 2025 and January 30, 2026 was fixed for cross-examination of P.W.1. However, on January 30, 2026 the cross-examination of P.W.1 could not be conducted as the learned advocate for the petitioner was engaged in another Court. However, considering the fact that the cross- examination of P.W.1 is a valuable right, this Court is inclined to grant a last opportunity to the petitioner to cross-examine the P.W.1 subject to certain stringent conditions. Taking note of the fact that the P.W.1 was present on January 30, 2026 to face the cross- examination and she is residing at Noida and in the event she has to again come down to Kolkata to face the cross- 3 examination, the petitioner has to pay cost as a condition for allowing the petitioner to cross-examine the P.W.1. The learned advocate appearing for the opposite parties submits that July 30, 2026 has been fixed for the evidence of the defendant witness. In the light of the observations made hereinabove, CO 2012 of 2026 stands allowed by setting aside the orders dated May 11, 2026 and January 30, 2026 subject to payment of cost of Rs.20,000/- to be paid by the petitioner to the opposite parties through the learned advocate for the opposite parties before the learned trial judge on or before July 15, 2026. In the event, the cost is tendered to the opposite parties within the date and time mentioned hereinbefore, the petitioner shall be allowed to cross-examine the P.W.1 on the next date fixed i.e. on July 30, 2026. In the event, the cost is tendered, the P.W.1 shall remain present on July 30, 2026 to face the cross-examination by the defendant. The learned trial judge is requested to proceed in accordance with the directions passed hereinbefore and shall make an endeavour to dispose of the suit as expeditiously as possible keeping in mind the earlier directions for expeditious hearing passed by this Court. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)