Extracted from the PDF above. The PDF is authoritative.
A.36 17.08.2026 Court No.6 BP C.O. 2402 of 2026
Nabanita Saha -versus- Nisith Das & Ors. Mr. Aiswarjya Gupta ..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 (Senior Division), 1st Court at Berhampore, Murshidabad to dispose of the Partition Suit No. 35 of 2015 and the Miscellaneous Case No. 26 of 2025 expeditiously. The learned advocate appearing for the petitioner submits that the issues have already been framed and the date was fixed for peremptory hearing of the said suit. She further submits that after the suit was fixed for peremptory hearing the petitioner filed an application under Order 39 Rule 7 of the Code of Civil Procedure which is still pending. She further submits that the petitioner also filed a miscellaneous case under Order 39 Rule 2A of the Code of Civil Procedure being Miscellaneous Case No. 26 of 2025 and the same is also pending for hearing. 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
2 advocate on record of the petitioner shall be obliged to forward a copy of this application along with a server copy of this order to the opposite parties forthwith. In the light of the submissions made by the learned advocate for the petitioner, C.O. 2402 of 2026 stands disposed of by requesting the learned Civil Judge (Senior Division), 1st Court at Berhampore, Murshidabad to take up the hearing of the application under Order 39 Rule 7 of the Code of Civil Procedure filed in Partition Suit No. 35 of 2015 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 but preferably within a period of twelve weeks from the next date fixed without granting any unnecessary adjournments to either of the parties.
After disposal of the said application as well as any other interlocutory application that may be pending, the learned Civil Judge (Senior Division), 1st Court at Berhampore, Murshidabad shall make an endeavour to dispose of the Partition Suit No. 35 of 2015 as expeditiously as possible without granting any unnecessary adjournments to either of the parties keeping in mind that the suit is pending from the year 2015. The learned Civil Judge (Senior Division), 1st Court at Berhampore, Murshidabad shall also make an endeavour to dispose of the Miscellaneous Case No. 26 of 2025 as expeditiously as possible without granting any unnecessary adjournments to either of the parties. 3 There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)