01.09.2026 Ct. No.655 Sl. No. 78 Subadip CO 144 of 2026 Sayed Sarfaraz Azam Vs. Sayed Afroz Azam & Anr. Mr. Sukanta Das, Mrs. Anulekha Bera Maiti. …for the petitioner 1. Heard the learned Advocate for the petitioner. 2. The instant revisional application has been filed under Article 227 of the Constitution of India challenging the orders dated 29th August, 2025 and 25th November, 2025 passed by the learned Trial Court in connection with Title Suit No. 271 of 2024. 3. The petitioner instituted the aforesaid suit for partition before the learned Trial Court. During the pendency of the said suit, the petitioner/plaintiff filed an application praying, inter alia, for striking out the defence of defendant no. 1 on the allegation of non- compliance with the orders passed by the learned Trial Court as well as by this Court. 4. It is submitted by the learned Advocate appearing for the petitioner that the aforesaid application has remained pending and, having regard to the nature of the relief sought therein and the orders which are alleged to have been disobeyed, an 2 appropriate direction may be issued for expeditious disposal of the said application. 5. I have considered the submission advanced by the learned Advocate for the petitioner and have perused the orders dated 29th August, 2025 and 25th November, 2025 impugned in the present revisional application. Having regard to the nature of the grievance ventilated by the petitioner and the fact that the application for striking out the defence of defendant no. 1 is yet to be adjudicated by the learned Trial Court, this Court is of the view that the ends of justice would be subserved if the said application is considered and disposed of expeditiously, without expressing any opinion on the merits of the rival contentions of the parties. 6. It is clarified that the learned Trial Court shall consider and decide the said application strictly in accordance with law and on the basis of the materials available on record, after affording reasonable opportunity of hearing to the concerned parties. The learned Trial Court shall also remain uninfluenced by any observation made in the present order, as this Court has not examined the merits of the prayer for striking out the defence. 7. Accordingly, the present revisional application is disposed of with a request to the learned Trial Court to take up and dispose of the application filed by the petitioner/plaintiff praying for striking out the defence 3 of defendant no. 1 on the ground of alleged non- compliance with the orders passed by the learned Trial Court as well as by this Court, preferably within a period of one month from the date of communication of this order and without granting unnecessary adjournments to either of the parties. 8. Let a copy of this order be sent down to the learned Trial Court forthwith for information and necessary action. 9. There shall be no order as to costs. 10. Urgent Photostat certified copy of this order, if applied for, be given to the parties on payment of requisite fees. (Prasenjit Biswas, J.)