The court emphasizes the importance of proper service of notice to ensure defendants' rights to respond.

OD-8 ORDER SHEET IA No. GA/1/2025 In CS/56/2025 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION SUBHENDU KUMAR MONDAL AND ORS.

VS ASHIMANANDA MONDAL AND ORS.

BEFORE:

The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 28th July, 2025.

Appearance:

Mr. Sayantan Bose, Adv. Ms. Priyanka Gope,Adv. Ms. Manisha Das, Adv.

For plaintiffs Mr. Arik Banerjee, Adv.

Mr. Sarangam Chakraborty, Adv.

For defendant nos. 3 and 4 Mr. Mihir Kundu, Adv.

For Jorabagan Polise Station The Court:- Affidavit of service filed in Court today is taken on record.

Mr. Mihir Kundu, learned advocate appears and submits that pursuant to direction of this Court, the Jorabagan Police Station on being approached by the plaintiffs made the best endeavour to serve a copy of the application upon the defendants nos. 3 and 4 and also defendant nos.6 and

7 but could not do so.

A copy of the report prepared by the Officer-in-Charge, Jorabagan Police Station, Kolkata on 24th July, 2025 placed before the Court is taken on record.

Interestingly, the defendant nos.3 and 4 respectively being the father and mother of the minor i.e., the defendant no.5 is represented through an advocate.

Mr. Arik Banerjee, learned advocate instructed by Mr. Sarangam Chakraborty, learned advocate appearing on behalf of defendant nos.3 and 4 prays for a direction for filing of affidavits.

After hearing the parties and considering the materials on record, I find that the matter can be more effectively adjudicated if the respondents are given an opportunity to disclose their stand on affidavit.

Affidavit-in-opposition be filed by 20th August, 2025; reply thereto, if any, be filed by 29th August, 2025. Matter to appear in the monthly list of September 2025 under the appropriate heading.

The plaintiffs/petitioners shall, in the meantime, make publication in the newspapers, namely, “The Times of India” and “EI Samay” informing the respondents and in particular the respondents no. 6 and 7 about the suit and the application as also the order has been passed today (28-07- 2025) by which the matter is made returnable in the monthly list of September 2025. The notice to be published should be settled by the department. The notice to be published in “Ei Samay” shall be in Bengali language.

Since the Jorabagan Police Station has carried out the direction of this Court, no further presence of either the Officer-in-Charge or the Jorabagan Police Station is necessary.

(ARINDAM MUKHERJEE, J.)