Court No. 6 (265719) 17.08.2026 (AD 18) (S. Banerjee) CO 2650 of 2026 Biswajit Modak Vs. Nidhir Kumar Saha & Ors. Mr. Swapan Banerjee …for the petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant/appellant in Title Appeal No. 16 of 2024 and is directed against an order dated June 17, 2026 passed by the learned Civil Judge (Sr. Division), Katwa, Purba Bardhaman. By the order impugned the application under Order 41 Rule 2 of the Civil Procedure Code stood rejected. Mr. Banerjee, learned advocate appearing for the petitioner submits that in reply to the notice to quit, the petitioner has issued a letter replying to the same by stating that the plaintiff has accepted rent and the petitioner is not a defaulter in payment of rent. After going through the judgment and decree dated March 22, 2024 passed by the learned trial judge in Title Suit No. 155 of 2010, this Court finds that the issue no. 6 was not pressed by the plaintiff/opposite-party. 2 The issue no. 6 was whether the defendants are habitual defaulter in making payment of rent. The learned trial judge has specifically recorded that the plaintiffs did not agitate in their plaint that the defendant is a habitual defaulter in payment of rent and, therefore, the said issue need not be decided in the facts and circumstances of the case. The learned Judge of the appellate Court was right in not allowing the application filed by the petitioner for incorporating the ground on the issue of default. At this stage Mr. Banerjee, learned advocate appearing for the petitioner prays that a direction be passed upon the learned Judge of the appellate court to dispose of the appeal expeditiously. In the light of the submission made by the learned advocate appearing for the petitioner, this civil revisional application stands disposed of by requesting the learned Civil Judge (Sr. Division), Katwa, Purba Bardhaman to make an endeavour to dispose of Title Appeal No. 16 of 2024 as expeditiously as possible, preferably within a period of six months from the next date fixed, without granting any unnecessary adjournment to either of the parties. (Hiranmay Bhattacharyya, J.)