1 1 19.08.2026 Item No.25 Court No. 30 Aloke CO 3305 of 2024 Dr. Soumyadip Bhattacharya -vs- Faruq Sahaji & Ors. Mr. Sourav Sengupta Mr. Subhamoy Bhattacharjee Mr. Sk. Mrinal … for the Petitioner Mr. Pradip Kr. Majumdar Mr. Birendra Nath Manna … for the respondent/plaintiff 1. The civil revision has been preferred praying for transfer of Title Suit No. 768 of 2021, pending before the learned Civil Judge (Senior Division), 3rd Court at Barasat to the learned District Judge, Purba Bardhaman. 2. The ground for such transfer as made out by the petitioner is that the petitioner/defendant no. 1 is posted as General Duty Medical Officer at Murarai Rural Hospital where he has to stay for his work. Murarai is nearly 250 km distance away from Barasat Court where the instant proceeding is pending. Even the permanent address of the petitioner/defendant no. 1 at Kulti is nearly 240 km away from Barasat Court. In actual, the distance between the work place as well as the permanent 2 2 residence of the petitioner/defendant no. 1 and Barasat Court is about 300 km and takes more than 7-8 hours’ time one side journey, causing lot of hardship for the petitioner/defendant no. 1 in contesting this frivolous litigation. 3. Learned counsel for the petitioner relies upon the following judgments : (i) Kulwinder Kaur alias Kulwinder Gurcharan Singh vs. Kandi Friends Education Trust & Ors. (2008) 3 SCC 659; (ii) Manas Bhattacharya vs. Vinay Cements Ltd. (2005) 13 SCC 371. 4. As, in spite of service none appears for the opposite party, this Court, in view of the observations of the Hon’ble Supreme Court in the judgments under reference, wherein suits have been transferred by the Court, the prayer of the petitioner is allowed. 5. Accordingly, Title Suit No. 768 of 2021 be withdrawn from the Court of learned Civil Judge (Senior Division), 3rd Court at Barasat to the Court of learned District Judge, Purba Bardhaman. 6. Learned District Judge, Purba Bardhaman, shall proceed with the suit in accordance with law with due notice upon both the parties. 7. Keeping in mind the case of the opposite party herein, the District Judge, Purba Bardhaman, shall be at liberty to permit the opposite party 3 3 to appear virtually, if the such prayer is made. 8. CO 3305 of 2024 is disposed of. 9. Parties to act on the server copy of this order. 10. Let a copy of this order be sent to the concerned Courts for immediate compliance. ( Shampa Dutt (Paul), J. )