BIJENDRA KUMAR SINGH @ SRADHA NAND SINGH v. IRANI BHAKAT
CO/2389/2025 · 2026-09-21
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 42001 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 42001 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Item- A-
1158.
sg
21-09-2026
Ct. 6
CO 2389 of 2025
Bijendra Kumar Singh @ Sradha Nand Singh Versus Irani Bhakat
[
Mr. Souradipta Banerjee Mr. Badal Singh Mr. Brijest Giri
…for the petitioner Mr. Tanmoy Mukherjee Mr. Chandrachur Chatterjee Ms. Rubab Fatma
…for the opposite party
Affidavit of service filed in Court is taken on record. 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. 90 dated 13th May, 2025 passed by the learned Judge, 4th Bench, Presidency Small Cause Court, Calcutta in Ejectment Suit No. 103 of 2013. Mr. Mukherjee, learned advocate appearing for opposite party raises a preliminary objection by submitting that the instant civil revisional application has become infructuous due to passage of time. He submits that the proceeding before the West Bengal Land Reforms and Tenancy Tribunal, being OA No. 50 of 2019 (LRTT) was
disposed of by an order dated 8th September, 2026 for non- prosecution at the instance of the petitioner therein i.e. the opposite party herein. Mr. Banerjee, learned advocate appearing for the petitioner submits that the petitioner was not notified prior to the matter being disposed of for non-prosecution. The order of the West Bengal Land Reforms and Tenancy Tribunal passed on 8th September, 2026 in OA No. 520 of 2019 (LRTT) filed in Court is taken on record.
2 The impugned order was passed on an application under Section 151 of the Code of Civil Procedure filed by the petitioner herein. In the said application, a prayer for stay of all further proceeding of Ejectment Suit no. 103 of 2013 was sought for until the adjudication of the dispute pending before the West Bengal Land Reforms and Tenancy Tribunal. Be that as it may, the proceeding before the West Bengal Land Reforms and Tenancy Tribunal has been
disposed of for non-prosecution. Thus, nothing remains to be decided in this civil revisional application challenging an
order rejecting the prayer for stay of the ejectment suit on the ground of pendency of the proceeding before the West Bengal Land Reforms and Tenancy Tribunal. At this stage, Mr. Banerjee, learned advocate appearing for the petitioner submits that the issue of maintainability of the suit may be directed to be decided by the learned Judge. This civil revision application stands disposed of by requesting the learned Judge, 4th Bench, Presidency Small Cause Court, Calcutta to dispose of the Ejectment Suit No. 103 of 2013 as expeditiously as possible without granting any unnecessary adjournment to either of the parties. If the maintainability of the suit is in issue, the learned trial judge shall decide the same in accordance with law. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all formalities.
(Hiranmay Bhattacharyya, J.)