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2026 DAILYLAW 28359 (CAL)

VISHAL SHAW v. MD. GULAM RABBANI AND ANR

CO/2242/2026 · 2026-07-15

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 6 (265719) 15.07.2026 (AD 28) (S. Banerjee) CO 2242 of 2026 Vishal Shaw Vs. Md. Gulam Rabbani Mr. Koustava Ratan Chatterjee Mr. Bidan Modak …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 (Jr. Division), 1st Court, Asansol to dispose of Title Suit No. 256 of 2011 expeditiously. Learned advocate appearing for the petitioner submits that May 8, 2026 was fixed for further cross- examination of the DW-4 and on that date the defendant filed an application praying for leave to file additional written statement. He submits that such application is pending and July 27, 2026 has been fixed for hearing of such application. He further submits that such application is otherwise ready for hearing as the written objection thereto has already been filed by the petitioners. 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 2 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. In the light of the submission made by the learned advocate appearing for the petitioner, CO 2242 of 2026 stands disposed of by requesting the learned Civil Judge (Jr. Division), 1st Court, Asansol to take up the hearing of the application under Order 8 Rule 9 of the Civil Procedure Code on the next date fixed, i.e., on July 27, 2026 if the same is otherwise ready for hearing and to make an endeavour to dispose of the same as expeditiously as possible, preferably within a period of eight weeks from the next date, without granting any unnecessary adjournment to either of the parties. Depending upon the fate of the said application, the learned trial judge shall proceed with the hearing of the suit in accordance with law and make an endeavour to dispose of the same as expeditiously as possible without granting any unnecessary adjournment to either of the parties. (Hiranmay Bhattacharyya, J.)