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2026 DAILYLAW 35345 (CAL)

ATUL MERCANTILE PVT LTD v. ABHISHEK MUSSADI AND ANOTHER

CO/2666/2026 · 2026-08-14

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 6 (265719) 14.08.2026 (AD 17) (S. Banerjee) CO 2666 of 2026 Atul Mercantile Pvt. Ltd. Vs. Abhishek Mussadi & Anr. Mr. Debangshu Dinda Ms. Dibanjyana Das Mr. Arnab Kumar Ghosh …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), 2nd Court at Alipore to dispose of Title Suit No. 128 of 2014 expeditiously. Learned advocate appearing for the petitioner submits that the opposite-parties filed a Misc. Case being no. 63 of 2017 under the provisions of Order 39 Rule 2A of the Civil Procedure Code which is also pending. From the order-sheets appended to this application this Court finds that hearing of an application under Section 151 of the Civil Procedure Code is pending and August 7, 2026 was fixed for hearing of such application. Learned advocate appearing for the petitioner submits that such application is still pending before the learned trial judge. 2 Order-sheets appended to this application further reflects that the Misc. Case No. 63 of 2017 has been filed under Order 39 Rule 2A and the same is fixed for evidence. 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-on-record of the petitioner 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 petitioner this civil revision application stands disposed of by requesting the learned Civil Judge (Jr. Division), 2nd Court at Alipore to take up the hearing of the application under Section 151 of the Civil Procedure Code on the next date fixed, if the same is otherwise ready for hearing, and make an endeavour to dispose of the same as expeditiously as possible, but positively within a period of twelve weeks from the next date fixed, without granting any unnecessary adjournment to either of the parties. After disposal of the said application as well as any other interlocutory application that may be pending, the learned trial judge shall make endeavour 3 to dispose of Title Suit No. 128 of 2014 as expeditiously as possible without granting any unnecessary adjournment to either of the parties, keeping in mind that the suit is pending from the year 2014. Considering the fact that the Misc. Case No. 63 of 2017 is at the stage of evidence, the learned trial judge is further requested to make an endeavour to dispose of Misc. Case No. 63 of 2017 as expeditiously as possible, preferably within a period of four months from the next date fixed, without granting any unnecessary adjournment to either of the parties. (Hiranmay Bhattacharyya, J.)