Extracted from the PDF above. The PDF is authoritative.
A.29 08.09.2026 Court No.6 BP C.O. 2986 of 2026
Maniklal Banerjee -versus- Dodul Kumar Banerjee & Ors.
Mr. Satyam Mukherjee Mr. Kingshuk Dasgupta ..for the petitioner
This application under Article 227 of the Constitution of India is at the instance of the defendant praying for a direction upon the learned Civil Judge (Senior Division), 1st Court at Barasat to dispose of Title Suit No. 304 of 2022 expeditiously. From the ordersheets appended to this application this Court finds that the application under Order 40 Rule 1 of the Code of Civil Procedure is pending. The learned advocate appearing for the petitioner files a certified copy of the order dated 14th August, 2026 which is taken on record. From the said order it appears that 11th December, 2026 has been fixed for hearing of the aforesaid application. In view of the order sought and proposed to be passed, there is no necessity to issue notice upon the opposite parties. However, the learned advocate appearing for the petitioners shall be obliged to forward a copy of this application along with this order upon the opposite parties or upon the learned advocates representing them before the learned Trial Judge.
2 In the light of the submissions made by the learned advocate for the petitioner, C.O. 2986 of 2026 stands disposed of by requesting the learned Civil Judge (Senior Division), 1st Court at Barasat to take up the hearing of the application under Order 39 Rule 1 and 2 and the application under Order 40 Rule 1 of the Code of Civil Procedure on the next date fixed i.e. on 11th December, 2026, if the same are otherwise ready for hearing, and make an endeavour to dispose of the same as expeditiously as possible without granting any unnecessary adjournments to either of the parties. 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.)