Court No. 6 (265719) 28.08.2026 (AD 36) (S. Banerjee) CO 2876 of 2026 Amit Ranjan Mukherjee & Ors. Vs. Roy George Mantosh Mr. B. Chatterjee Mr. Sailesh Mishra …for the petitioners Ms. Sohini Chakraborty Ms. Smruti Rekha Das …for the opposite-party This application under Article 227 of the Constitution of India is at the instance of the defendant nos. 1, 3 and 4 and is directed against orders dated August 20, 2025, August 28, 2025 and February 19, 2026 all passed by the learned Civil Judge (Jr. Division) 1st Court at Alipore in Title Suit No. 369 of 2024. By the order dated August 20, 2025 the suit was directed to proceed ex parte against defendant nos. 1 and 2. By the order dated August 28, 2025, the application filed by the plaintiff/opposite-party under Section 151 of the Civil Procedure Code praying for a direction upon the defendants to hand over one set of duplicate key to the padlock put in at the entrance door leading to the roof/terrace at the Attic, was allowed. 2 By the order dated February 19, 2026, the applications filed by the petitioners for recalling the order dated August 20, 2025 and August 28, 2025, were adjourned. Mr. Chatterjee, learned advocate appearing for the petitioners submits that by keeping the applications filed by the petitioners for recalling the orders dated August 20, 2025 and August 28, 2025 pending, the learned trial judge is proceeding with the ex parte hearing of the suit. Ms. Chakraborty, learned advocate appearing for the opposite party submits that since the petitioners did not take any step in the title suit the suit was fixed for ex parte hearing. She further submits that since the suit was fixed for ex parte hearing, the order dated August 28, 2025 was passed without affording any opportunity of hearing to the petitioners. On a query of the Court Ms. Chakraborty learned advocate appearing for the opposite party/plaintiff, on instruction, submits that the written objection to the aforesaid applications have already been filed by the opposite-party. By the order dated August 20, 2025 the suit was fixed for ex parte hearing. 3 Since the petitioner has filed an application praying for setting aside the order fixing the suit for ex parte hearing has been filed, this Court is of the considered view that the same ought to have been taken up for hearing immediately instead of proceeding with the ex parte hearing of the suit. In view thereof, this Court is inclined to dispose of the civil revision application with certain directions. Accordingly, this civil revisional application stands disposed of by directing the learned Civil Judge (Jr. Division), 1st Court at Alipore to take up the hearing of the applications filed by the petitioners praying for recalling the orders dated August 20, 2025 and August 28, 2025 on the next date fixed, i.e., on September 7, 2026 and dispose of the same as expeditiously as possible without granting any unnecessary adjournment to either of the parties. It is, however ,made clear that the aforesaid applications shall be decided without being swayed by the observations made by the learned trial judge by the order dated February 19, 2026. (Hiranmay Bhattacharyya, J.)