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Judgment
The defendant no. 1 although has challenged the order dated October 4, 2018 passed by the learned District Judge in Miscellaneous Appeal No. 268 of 2018, but Mr. Mukherjee, learned counsel appearing on behalf of the petitioner submits that an appropriate direction be given to the learned 3rd Court of Additional District Judge at Alipore where the miscellaneous appeal is pending to expedite the hearing of the said appeal. Mr. Mukherjee further submits that the next date of hearing of the said appeal has been fixed by the learned Judge of the appeal Court below on March 25, 2019. The said date is required to be pre-poned since by the time the appeal would become infructuous.
In view of such position of the matter the learned 3rd Court of Additional District Judge, Alipore is requested to pre-pone the date of hearing of the Miscellaneous Appeal No. 268 of 2018 and to dispose it of within the month of January, 2019.
Mr. Srijib Chakraborty, learned counsel appearing on behalf of the plaintiffs/opposite party nos. 1 and 2 and Mr. Rajendra Chaturvedi, learned counsel appearing on behalf of the defendants/opposite party nos. 4 and 5 seek leave to file written objection to the stay application filed by the petitioner in connection with the said appeal.
The said opposite parties are at liberty to file such written objection within the first week of January, 2019.
With the above observation, C.O. No. 3610 of 2018 is disposed of.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.