Sudarshan Mondal v. Jagannath Mondal And ORS

29.02.2024 Ct. No. 19 Sl. No.52 Cp C.O. No. 45 of 2024 Sudarshan Mondal Vs.

Jagannath Mondal & Ors.

Mr. Shibaji Kumar Das Mr. A. Ahmed Mr. Dipendu Sarkar .....for the petitioner.

The petitioner prays for expeditious disposal of O.S. No. of 2019, which is pending before the learned Additional District Judge, Baruipur.

Reference has been made to medical documents which show that the petitioner is very unwell, highly diabetic and wheelchair bound.

The petitioner is dependent for his daily requirements on his son. It is also submitted that the suit is proceeding ex parte. Issues have already been framed.

The prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite parties.

The revisional application is disposed of with a direction upon the learned court below to dispose of the suit within threes months from the next date fixed. This court has not expressed any opinion on the merits of the suit. The learned court shall proceed independently and in accordance with law.

A copy of the revisional application along with a server copy of this order be served upon the opposite parties and/or the learned advocate contesting the matter on behalf of the opposite parties in the learned court below, within a week.

The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)