Ct.No.4 JPG 13.02.2026 Calcutta High Court

5 In the Circuit Bench at Jalpaiguri Appellate Side Saikat Mukherjee CO/4/2026 SMT. LAXMI DEVI @ LAXMI MAHATO AND ANR.

VS.

SRI CHANDRIKA MAHATO AND ANR.

Mr. Saptarshi Banik, Adv.

Mr. Ratan Banik, Adv.

.…For the Petitioners

1. The petitioners, who are the defendants in the Trial Courts, has filed this application under Article 227 of the Constitution of India for a direction upon the Trial Court for expeditious disposal of the suit, as pending before the Trial Court.

2. At the time of hearing Mr. Banik, learned advocate appearing on behalf of the defendants/petitioners draws attention of the court to the various orders, as passed by the learned Civil Judge, Junior Division, Jalpaiguri, in Title Suit No.48/2016. Further attention of the court is drawn to the order dated 19^th September, 2024, and

14^th November, 2024. It is submitted that from the order dated 19^th September, 2024, it would reveal that on the said day further cross-examination of P.W.1 was deferred and was fixed for further cross- examination of P.W.1 on 14th November, 2024.

3. It is further submitted that on

14^th November, 2024, the present petitioners being defendants in the Trial Court has filed an application under Order XXVI Rule 9 read with section 151 of CPC for appointment a Commissioner to make local investigation. It is also submitted that from the latter order it would reveal that though written objection against such petition under Order XXVI Rule 9 CPC has been filed but for a considerable length of time the matter is getting adjourned in view of the prayers for adjournment as made on behalf of the plaintiff/opposite party herein.

4. It is, thus, submitted that an appropriate order may be passed directing the learned Trial Court to dispose of the Title Suit No.48/2016 within shortest possible time.

5. On careful perusal of entire material as placed before this court this court finds that sufficient justification in the submission of learned advocate on behalf of the petitioner. In view of such, this court while disposing the instant civil revisional application under Article 227 of the Constitution of India directs the learned Civil Judge, Junior Division, Jalpaiguri, to dispose of the petition under Order XXVI Rule 9 CPC, as filed by the defendants positively within 30 working days from the date of communication of server copy of this order.

6. Learned Trial Court is further directed to dispose of Title Suit No.48/2016 positively within 240 working days from the date of communication of server copy of this order.

7. Liberty is given to the learned advocate-

on-record for the petitioners/defendants to communicate the server copy of this order to the learned Civil Judge, Junior Division, Jalpaiguri.

8. Learned Civil Judge, Junior Division, Jalpaiguri, is directed to act on the server copy of the order.

9. Department is hereby directed to communicate the server copy of this order to the learned District Judge, Jalpaiguri, who on receipt of the same shall ensure that the order as passed by this court is complied with.

10. With the aforementioned observation, CO 4 of 2026 is disposed of.

11. Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of all necessary formalities.

(PARTHA SARATHI SEN, J.)