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2026 DAILYLAW 39218 (CAL)

SUMIT KUMAR GHOSAL v. MANJUSHREE HALDER

CO/2133/2026 · 2026-08-31

Hiranmay Bhattacharyya

body2026

Judgment text

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Sl.58 & 59 31.08.2026 Court No.6 BP C.O. 2133 of 2026 With CAN 1 of 2026 Sri Sumit Kumar Ghosal -versus- Manjushree Halder with C.O. 2866 of 2026 Smt. Manjusree Halder -versus- Sri Sumit Kumar Ghosal Mr. Samrat Chakraborty ..for the petitioner in C.O. 2133 of 2026 and for the opposite party in C.O. 2866 of 2026 Mr. Biswaroop Bhattacharjee Ms. Debjani Mukherjee Mr. Joyjit Roy Choudhury ..for the opposite party in C.O. 2133 of 2026 and for the petitioner in C.O. 2866 of 2026 Re: C.O. 2133 of 2026 C.O. 2133 of 2026 is an application under Article 227 of the Constitution of India at the instance of the defendant and is directed against an order dated 22nd May, 2026 passed by the learned Civil Judge (Senior Division) 3rd Court at Barasat, 24 Parganas( North) in Title Suit No. 1006 of 2016. By the order impugned the application under Order 12 Rule 6 of the Code of Civil Procedure filed by the plaintiff/opposite party was allowed provisionally subject 2 to production of documents filed by the plaintiff on oath on the next date. Mr. Chakraborty, learned advocate appearing for the petitioner submits that the application under Order 12 Rule 6 of the Code of Civil Procedure could not have been allowed provisionally. A final decision on such application ought to have been arrived at by the learned Trial Judge. Mr. Bhattacharjee, learned advocate appears for the opposite party. He submits that since the shares of the parties are admitted, the learned trial judge allowed the application under Order 12 Rule 6 of the Code of Civil Procedure provisionally subject to production of documents by the plaintiff. He further submits that on the next date fixed the plaintiff/opposite party shall produce all documents before the court. After going through the impugned order this Court finds that the learned trial judge allowed the application provisionally keeping in mind that the shares are admitted but for the purpose of finally disposing of the application under Order 12 Rule 6 of the Code of Civil Procedure the learned trial judge directed the plaintiff to produce certain documents. Since the learned advocate appearing for the plaintiff/opposite party submits that they can produce the documents on the next date, C.O. 2133 of 2026 stands disposed of by requesting the learned Civil Judge (Senior Division) 3rd Court at Barasat, 24 Parganas (North) to 3 take up the hearing of the application under Order 12 Rule 6 of the Code of Civil Procedure on the next date fixed and to dispose of the same being uninfluenced by any observation made in the order dated 22nd May, 2026. In view of this order, CAN 1 of 2026 stands disposed of. Re: C.O. 2866 of 2026 C.O. 2866 of 2026 is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Senior Division), 3rd Court at Barasat to dispose of Title Suit No. 1006 of 2016 expeditiously. By an order passed on 31st August, 2026 in C.O. 2133 of 2026 this Court has directed the learned trial judge to take up the hearing of the application under Order 12 Rule 6 of the Code of Civil Procedure afresh and to dispose of the same expeditiously. After disposal of the said application the learned trial judge shall make an endeavour to dispose of Title Suit No. 1006 of 2016 as expeditiously as possible without granting any unnecessary adjournments to either of the parties keeping in mind that the suit is pending in the year 2016. 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.)