Disposed¶12

Haradhan Das and Ors. v. Kalipada Mondal and Ors.

Calcutta HC15 Sept 2025CO/3332/2025

Case brief

AI extract

What is this about?

CO 3332 of 2025; Article 227 Constitution of India; expedited disposal request; Order 39 Rule 1 and 2 Civil Procedure Code; Title Suit No. 377 of 2019; Civil Judge (Sr. Division) 1st Court Contai; injunction application pending; no notice to opposite parties; no unnecessary adjournment; Haradhan Das & Ors. v. Kalipada Mondal & Ors.; disposed 15.09.2025; Hiranmay Bhattacharyya J.

What did the court decide?

Request to the learned Civil Judge (Sr. Division), 1st Court at Contai to endeavour to dispose of the Order 39 Rule 1 and 2 CPC application in Title Suit No. 377 of 2019 as expeditiously as possible, without unnecessary adjournments to either party, if otherwise ready for hearing; petitioners' advocate-on-record to forward a copy of the application and this order to the opposite parties or their advocate. ¶12

Haradhan Das and Ors. Vs Kalipada Mondal and Ors. — Writ and Judicial Review | Calcutta HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the learned Civil Judge (Sr. Division), 1st Court at Contai should be directed to dispose of the application under Order 39 Rule 1 and 2 of the Civil Procedure Code filed in Title Suit No. 377 of 2019.

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Court's answer

CO 3332 of 2025 stands disposed of by requesting the learned Civil Judge (Sr. Division), 1st Court at Contai to make an endeavour to dispose of the application under Order 39 Rule 1 and 2 of the Civil Procedure Code as expeditiously as possible without granting any unnecessary adjournment to either of the parties, if the same is otherwise ready for hearing.

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Ratio / Principle

In view of the order sought and proposed to be passed, the court found no necessity to direct issuance of any notice upon the opposite parties; instead, the petitioners' advocate-on-record was obliged to forward a copy of the application along with the order to the opposite parties or their advocate before the learned trial judge.

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Detailed headnote1 paragraphs

Single-Judge order dated 15.09.2025 disposing of CO 3332 of 2025, an application under Article 227 of the Constitution of India filed by the plaintiffs (Haradhan Das & Ors.) seeking a direction to the learned Civil Judge (Sr. Division), 1st Court at Contai to dispose of the pending application under Order 39 Rule 1 and 2 of the Civil Procedure Code in Title Suit No. 377 of 2019. None appeared for the petitioner at the time of call and no accommodation was prayed for; no notice was issued on the opposite parties (Kalipada Mondal & Ors.), the petitioners' advocate-on-record being directed to forward a copy of the application and the order to them. Hiranmay Bhattacharyya, J. requested the trial court to endeavour to dispose of the interlocutory application as expeditiously as possible, without granting unnecessary adjournments to either party, if otherwise ready for hearing.

Haradhan Das and Ors. v. Kalipada Mondal and Ors.

Case brief

What is this about?

What did the court decide?

Haradhan Das and Ors. v. Kalipada Mondal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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