Sankar Sutradhar Vs Tarun Ranjan Sarkar and Anr. — Calcutta HC (2025) — LawSathi Research

Sankar Sutradhar Vs Tarun Ranjan Sarkar and Anr. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim, unconditional stay of all further proceedings in Title Execution Case No. 16 of 2024 before the learned Civil Judge (Jr. Division), 2nd Court at Barasat, till the end of June, 2025 or until further orders of the learned Civil Judge; the trial court requested to hear and dispose of the stay application in Misc. Case No. 84 of 2024 expeditiously without unnecessary adjournments.

Issue for consideration

Whether this Court should pass an interim order staying all further proceedings in Title Execution Case No. 16 of 2024 pending the hearing (fixed for June 4, 2025) of the stay application filed in Misc. Case No. 84 of 2024. +1 more

Court's answer

An interim, unconditional stay of all further proceedings in Title Execution Case No. 16 of 2024 pending before the learned Civil Judge (Jr. Division), 2nd Court at Barasat was ordered.

Ratio / Principle

The stay was limited in time: it was to last till the end of June, 2025 or until further orders passed by the learned Civil Judge.

Key takeaways

The learned Civil Judge (Jr. Division), 2nd Court at Barasat was requested to take up the hearing of the stay application filed in Misc. Case No. 84 of 2024 and dispose of it expeditiously without granting unnecessary adjournments to either party.ratio¶20
It will remain open to the learned Civil Judge to consider fixing conditions for any extension of stay, without being swayed by the fact that this Court passed an unconditional interim stay for a limited period.obiter¶21

Detailed headnote1 paragraphs

CO 824 of 2025 (decided 20.05.2025, single judge) was disposed of with an interim, unconditional stay of all further proceedings in Title Execution Case No. 16 of 2024 pending before the learned Civil Judge (Jr. Division), 2nd Court at Barasat, effective till the end of June, 2025 or until further orders of the learned Civil Judge. The interim stay was granted in view of the hearing of the stay application filed in Misc. Case No. 84 of 2024 standing fixed for June 4, 2025. The trial court was requested to take up and dispose of that stay application expeditiously without unnecessary adjournments, and was expressly left free to impose conditions on any extension of stay despite the unconditional character of this Court's limited interim stay.

Court No. 6

CO 824 of 2025

(265719)

20.05.2025

(AD 6)

Sri Shankar Sutradhar

Vs.

Tarun Ranjan Sarkar

(S. Banerjee)

Mr. Tapas Kumar Manna Ms. Anindita Majumder

…for the petitioner

Mr. Sanjib Kumar Mukhopadhyay Ms. Nargish parveen Ms. Prama Roy

…for the opposite party

It has been submitted by the learned advocate for the petitioner that an application for stay in connection with Misc. Case No. 84 of 2024 has been filed in the meantime and June 4, 2025 has been fixed for hearing of the said stay application.

Mr. Mukhopadhyay, learned advocate appearing for the opposite party submits that no notice with regard to the said misc. case has yet been served upon the opposite party. However, Mr. Mukhopadhyay assures this Court that the opposite party shall enter appearance in the said misc. case on or before the next date fixed.

In the light of the submission made by the learned advocate appearing for the petitioner that the hearing of the stay application filed in Misc. Case NO.

2

84 of 2024 is fixed on June 4, 2025, this court is inclined to pass an interim order for a limited period.

There shall be an order of stay of all further proceedings in Title Execution Case No. 16 of 2024 pending before the learned Civil Judge (Jr. Division), 2^nd Court at Barasat till the end of June, 2025 or until further orders that may be passed by the learned Civil Judge.

The learned Civil Judge (Jr. Division), 2^nd Court at Barasat is requested to take up the hearing of the stay application filed in Misc. Case No. 84 of 2024 and dispose of the same as expeditiously as possible without granting any unnecessary adjournment to either of the parties.

It will be open to the learned Civil Judge to consider fixation of any condition for grant of extension of stay without being swayed by the fact that this court has passed an unconditional order of stay for a limited period by way of interim measure.

With the above observation CO 824 of 2025 stands disposed of.

(Hiranmay Bhattacharyya, J.)