BINAY SARKAR @ BINOY SARKAR AND ORS v. SUKUMAR GHOSH AND ORS
CO/2509/2026 · 2026-08-07
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32386 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32386 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. 6 (265719) 07.08.2026
(AD 10)
(S. Banerjee) CO 2509 of 2026 Binay Sarkar @ Binoy Sarkar & Ors. Vs. Sukumar Ghosh & Ors.
Mr. Soumyadeep Das
…for the petitioners
This application under Article 227 of the Constitution of India is at the instance of the plaintiffs praying for a direction upon the learned Civil Judge (Sr. Division), 1st Court at Malda to dispose of the application under Order 39 Rule 1 and 2 of the Civil Procedure Code filed in Partition Suit No. 261 of 2018 expeditiously. Learned advocate appearing for the petitioners submits that the hearing of the partition suit may also be expedited. From the
order-sheets appended to this application this Court finds that the injunction application is still pending. Learned advocate appearing for the petitioners submits that December 11, 2026 has been fixed for hearing of the injunction application. In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite parties. However, the
2 learned advocate-on-record of the petitioners shall be obliged to forward a copy of this application along with a server copy of this order, upon the opposite parties or upon the learned advocate representing them before the learned trial judge forthwith. In the light of the submission made by the learned advocate appearing for the petitioners, this revisional application stands
disposed of by requesting the learned Civil Judge (Sr. Division), 1st Court at Malda to take up the hearing of the injunction application 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, preferably within a period of twelve weeks from the next date fixed. After disposal of the injunction application and any other application that may be pending, the learned trial judge shall make an endeavour to dispose of the partition suit expeditiously.
(Hiranmay Bhattacharyya, J.)