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2026 DAILYLAW 27873 (CAL)

SAGIR HALDAR AND ORS v. AMAL SAMADDAR

CO/2146/2026 · 2026-07-10

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 19 (265719) 10.07.2026 (AD 11) (S. Banerjee) CO 2146 of 2026 Sagir Haldar & Ors. Vs. Amal Samaddar Mr. Jaydip Basu …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), 1st Court at Alipore to dispose of the Misc. Case No. 200 of 2024 filed under the provisions of Order 9 Rule 13 of the Civil Procedure Code and the Title Execution Case No. 25 of 2024 expeditiously. Learned advocate appearing for the petitioners submits that the ex parte decree dated August 19, 2023 was put into execution thereby giving rise to Title Execution Case No. 25 of 2024. In the meantime the opposite-party filed an application under Order 9 Rule 13 of the Code which was registered as Misc. Case No. 200 of 2024. He submits that a direction be passed upon the learned Judge to dispose of the misc. case and the title appeal expeditiously. In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite party. However, the learned 2 advocate-on-record of the petitioners shall be obliged to forward a copy of this application along with this order, upon the opposite party or upon the learned advocate representing the opposite party before the learned trial judge. Title Execution Case No. 25 of 2024 arises out of an ex parte judgment and decree dated August 19, 2023. However, a misc. case under Order 9 Rule 13 of the Civil Procedure Code is pending for setting aside the ex parte decree. This Court feels that interest of justice would be subserved if a direction is passed upon the learned trial judge to dispose of the misc. case expeditiously. Therefore, in the light of the submission made by the learned advocate appearing for the petitioners, CO 2146 of 2026 stands disposed of by requesting the Learned Civil Judge (Jr. Division), 1st Court at Alipore to take up the hearing of the Misc. Case No. 200 of 2024 if the same is otherwise ready for hearing and to dispose of the same as expeditiously as possible. (Hiranmay Bhattacharyya, J.)