Form No.J(2)

IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE Present :

The Hon’ble Justice Raja Basu Chowdhury C.O. 449 of 2023 Baidyanath Das versus Bharati Das & Ors.

For the petitioner : Mr. Jayanta Kumar Das Mr. Sounak Bhattacharya Ms. Madhumati Das For the Opposite Parties : Mr. Sujoy Bandyopadhyay Mr. Jagajyoti Das Mr. Subhamoy Dutta Heard on : 19.12.2025 Judgment on : 19.12.2025 Raja Basu Chowdhury, J (Oral):

1. Questioning order no. 52 dated 30th November 2022 passed by the Learned Civil Judge (Senior Division), Chanchal, Malda whereby the petitioner’s application under Order VI Rule 17 of the Code of Civil Procedure 1908 (Code) had been rejected, the instant writ petition has been filed.

2. Though, the matter had come up under the heading “for extension of interim order”, however, considering the issues involved and noting that the suit has remained stayed since 5^th January 2025, this Court by consent of the parties has taken up the hearing of the revisional application itself.

3. The plaintiff / petitioner has filed a suit for partition and declaration in respect of two suit plots being Dag no. 517 and 518 within P.S. Kharba at present Chanchal. Accor