Extracted from the PDF above. The PDF is authoritative.
M/L- 468 06/08/2026 Ct. No.- 6 Aritra C.O. 4248 of 2025
Madhyamgram Municipality Vs. Sri Joydip Paul & Anr.
Mr. Mrityunjoy Goswami Mr. Parikshit Goswami ….for the petitioner
The learned advocate appearing for the petitioner submits that though the learned Additional District Judge, 4th Court, Barasat, District-North 24-Parganas has fixed the hearing of the miscellaneous appeal on the issue of maintainability but the issue of maintainability has not been decided as yet. On a query of the Court, the learned advocate appearing for the petitioner submits that the hearing of the issue of maintainability of the appeal has been fixed sometimes in the month of September, 2026. 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 learned advocate for the petitioners shall be obliged to forward a copy of this application along with this order upon the opposite parties or the learned advocate representing the opposite parties before the learned trial judge. In the light of the submissions made by the learned advocate for the petitioner, CO 4248 of 2025 stands disposed of by requesting the learned Additional District Judge, 4th Court, Barasat, District-North 24-Parganas to take up the hearing of the issue of maintainability of the
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appeal on the next date fixed and decide the same after affording an opportunity of hearing to the respective parties and by passing a reasoned order as expeditiously as possible but preferably within a period of 8 weeks from the next date fixed without granting any unnecessary adjournments to either of the parties. Depending on the fate of the decision on the maintainability issue, the learned Judge shall dispose of the miscellaneous appeal in accordance with law as expeditiously as possible. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Hiranmay Bhattacharyya, J.)