Calcutta High Court (Appellete Side)
Guru Charan Singh Kalra And Others vs Thanamakua Chatra Sangha And Others on 2 December, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 Serial No.24.
December 2, 2014.
SG CO 3652 of 2014 Guru Charan Singh Kalra and others
-versus-
Thanamakua Chatra Sangha and others Mr Somnath Roy Chowdhury Ms Upama Bhattacharjee ... for the petitioners.
The opposite parties are not represented despite service.
The petitioners are the plaintiffs in Title Suit 5 of 2004 pending before the Civil Judge (Senior Division), 3rd Court at Howrah. The opposite parties are the defendants in such suit. In a subsequent suit, Title Suit 12 of 2005 pending before the Civil Judge (Junior Division), 5th Court at Howrah, the defendants in the present suit, or some of them, are parties.
According to the petitioners, in their attempt to perpetuate their wrongful control of the suit property, the defendants have applied under Section 24 of the Code before the District Judge, Howrah for the analogous hearing of the two suits and the pendency of such application has prompted the trial court not to take up Title Suit 5 of 2004.
Since the defendants have not prosecuted their petition under Section 24 of the Code, being Misc Case 34 of 2012 before the District Judge, Howrah, CO 3652 of 2014 is allowed by dismissing Misc Case 34 of 2012 pending before the District Judge, Howrah.
2The Civil Judge (Senior Division), 3rd Court at Howrah is requested to expeditiously dispose of Title Suit 5 of 2004 without granting adjournments to the defendants, particularly on the grounds of lawyers' inconvenience or the like.
There will be no order as to costs.
Certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Sanjib Banerjee, J.)