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2026 DAILYLAW 36482 (CAL)

INDER KUMAR SADHWANI AND ANR v. PARKVIEW APARTMENT OWNERS ASSOCIATION AND ORS

CO/2861/2026 · 2026-08-27

Hiranmay Bhattacharyya

body2026

Judgment text

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Sl.30 27.08.2026 Court No.6 BP C.O. 2861 of 2026 Inder Kumar Sadhwani & Anr. -versus- Parkview Apartment Owners’ Association & Ors. Mr. Rachit Lakhmani Mr. Avishek Das Mr. Soubhik Dey ..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 (Junior Division), 3rd Additional Court at Alipore to dispose of Title Suit No. 546 of 2023 on the basis of the application jointly filed by the parties under Order 23 Rule 3 of the Code of Civil Procedure. From the ordersheets appended to this application this Court finds that on 17th July, 2026 an application under Order 23 Rule 3 of the Code of Civil Procedure was filed. It further appears from the order dated 17th July, 2026 that 6th October, 2026 is fixed for acceptance of written statement and complaining of the injunction application. The learned advocate appearing for the petitioners submits that the dispute involved in the suit has already been settled and the parties have executed a settlement agreement by and between the contesting parties. An 2 application under Order 23 Rule 3 of the Code of Civil Procedure has also been filed. In the light of the aforesaid submission made by the learned advocate for the petitioners, this Court is of the considered view that the interest of justice would be sub- served if the learned Civil Judge (Junior Division), 3rd Additional Court at Alipore is requested to take up the hearing of the application under Order 23 Rule 3 of the Code of Civil Procedure on the next date fixed i.e. on 6th October, 2026 and dispose of the same in accordance with law. It will also be open to the parties to approach the learned trial judge for preponing the next date of hearing. If such an approach is made, the learned trial judge shall consider the same in accordance with law. With the above observations and directions, C.O. 2861 of 2026 stands disposed of. 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.)