Calcutta High Court
CO/1821/2026 of GOPAL PRATIHAR Vs GOBINDA SHAW on 29 September 2026
Ct. No.- 6 Aritra C.O. 1821 of 2026 Gopal Pratihar Vs. Gobinda Shaw Ms. Smita Pal ….for the petitioner This application under Article 227 of the Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Jr. Div.), 2nd Court at
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M/L- 224 29/09/2026 Ct. No.- 6 Aritra C.O. 1821 of 2026
Gopal Pratihar Vs. Gobinda Shaw
Ms. Smita Pal ….for the petitioner
This application under Article 227 of the Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Jr. Div.), 2nd Court at Serampore, District-Hooghly to dispose of Title Suit No.562 of 2023 expeditiously. The learned advocate appearing for the petitioner submits that application under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 filed by the opposite party is still pending. She submits that the petitioner filed an application under Order XXXIX Rule 7 of the Code of Civil Procedure, which is still pending before the learned trial judge. She further submits that the next date of hearing of the aforesaid application is fixed on February 23, 2027. In view of the order sought and proposed to be passed there is no necessity to direct issuance of any notice upon the opposite party. However, the learned advocate for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite party or the learned advocate representing the opposite party before the learned trial judge.
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In the light of the submissions made by the learned advocate for the petitioner, CO 1821 of 2026 stands disposed by requesting the learned Civil Judge (Jr. Div.), 2nd Court at Serampore, District-Hooghly to take up the hearing of the under Sections 7(1) and 7(2) of the 1997 Act on the next date fixed, if the same is otherwise ready for hearing and to make an endeavour to dispose of the same as expeditiously as possible without granting any unnecessary adjournments to either of the parties. The learned trial judge shall also make an endeavour to dispose of the application under Order XXXIX Rule 7 of the Code of Civil Procedure as expeditiously as possible without granting any unnecessary adjournments to either of the parties. At this stage, the learned advocate appearing for the petitioner submits that a liberty be granted to the petitioner to approach the learned trial judge for preponement of the next date of hearing. The petitioner is left free to approach the learned trial judge for preponement of next date of hearing. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Hiranmay Bhattacharyya, J.)