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2026 DAILYLAW 37878 (CAL)

ASEKA BEGUM v. DILIP MAITY AND ORS

CO/2936/2026 · 2026-09-03

Hiranmay Bhattacharyya

body2026

Judgment text

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Item- 12. sg 03-09-2026 Ct. 6 CO 2936 of 2026 Aseka Begum Versus Dilip Maity & Ors. Mr. Rwitendera Banerjee …for the petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being No. 116 dated 13th March, 2026 passed by the learned Civil Judge (Junior Division), Additional Court, Tamluk, Purba Medinipur in OS No. 48 of 2016. By the order impugned, 3rd September, 2026 is fixed for filing of the commission report by the learned Advocate Commissioner in default, for personal appearance with present status report and in default, for passing necessary orders. Mr. Banerjee, learned advocate appearing for the petitioner submits that by an order dated 24th September, 2025, the Advocate Commissioner was directed to file the investigation report on or before the next date and in default writ already issued be recalled. Considering the fact that today is the date fixed for filing of the commission report, this Court is not inclined to interfere with the order impugned. However, in the event the commission report is not filed by the learned Advocate Commissioner till 3rd September, 2026, no further opportunity shall be granted to the learned Advocate Commissioner to file the commissioner report and the learned trial judge shall be free to pass necessary orders in accordance with law. 2 In view of the above observations and directions, this civil revisional application stands disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisites formalities. (Hiranmay Bhattacharyya, J.)