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2026 DAILYLAW 28294 (CAL)

PROTIMA DAS GUPTA BASU ALIAS PROTIMA DAS GUPTA BASU v. SHIBA MALLYA BASU

CO/2273/2026 · 2026-07-17

Hiranmay Bhattacharyya

body2026

Judgment text

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Sl.23 17.07.2026 Court No.6 BP C.O. 2273 of 2026 Protima Das Gupta (Basu) alias Protima Das Gupta (Basu) -versus- Shiba Mallya Basu Mr. Satyam Mukherjee Ms. Debomita Biswas ..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 (Senior Division), 1st Court at Barasat to dispose of Title Suit No. 436 of 2008 expeditiously. The learned advocate appearing for the petitioner submits that the suit is for partition and is pending since the year 2008. He submits that the evidence of P.W.2 has been closed and thereafter the petitioner filed an application for recall of P.W. 2. He submits that such application is still pending for final decision before the learned trial judge. 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 advocate on record of the petitioner shall be obliged to forward a copy of this application along with a server copy of this order to the opposite party forthwith. 2 In the light of the submissions made by the learned advocate for the petitioner, C.O. 2273 of 2026 stands disposed of by requesting the learned Civil Judge (Senior Division), 1st Court at Barasat to take up the hearing of the application praying for recall of P.W.2 on the next date fixed, if the same is otherwise ready for hearing, and to make an endeavour to dispose of the same as expeditiously as possible. After disposal of the said application the learned trial judge shall make an endeavour to dispose of Title Suit No. 436 of 2008 expeditiously keeping in mind that the suit is pending from the year 2008. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)