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2026 DAILYLAW 39861 (CAL)

SHAIKH SHAMSUZ ZAMAN v. M/S. SILVER UNITED CONSTRUCTION AND OTHERS

CO/3059/2026 · 2026-09-10

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sl.19 10.09.2026 Court No.6 BP C.O. 3059 of 2026 Shaikh Shamsuz Zaman -versus- M/s. Silver United Construction & Ors. Mr. Rishabh Ahmad Khan ..for the petitioner Ms. Hera Nafis ..for the opposite party nos. 1 to 3 The learned advocate appearing for the petitioner submits that a direction be passed upon the learned Civil Judge (Senior Division), 6th Court at Alipore to dispose of Title Suit No. 943 of 2025 expeditiously. The learned advocate appearing for the opposite party nos. 1 to 3 submits that the opposite parties filed an application under Order 23 Rule 1 of the Code of Civil Procedure before the learned trial judge. He submits that such application is still pending. She further submits that the plaintiffs/petitioners have also filed an application praying for expunging the name of the plaintiff no.1 from the array of parties. The learned advocate appearing for the petitioner submits that the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure is also pending and the same is otherwise ready for hearing. In the light of the submissions made by the learned advocates for the parties, C.O. 3059 of 2026 stands disposed of by requesting the learned Civil Judge (Senior 2 Division), 6th Court at Alipore to take up the hearing of the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure, the application under Order 23 Rule 1 of the Code of Civil Procedure and the application for expunging the name of the plaintiff no.1 from the array of parties, if the same are otherwise ready for hearing and 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.)