Rathindra Nath Das v. Asit Kr Middey

14.06.2022 Item No.171 Ct. No.7 CHC (disposed of) C.O. 100 of 2022 Rathindra Nath Das Vs.

Asit Kumar Middey Mr. Sumitava Chakraborty, Mr. Bijoy Bag ...for the petitioners A direction to secure expeditious disposal of a suit being T.S. No.71 of 2008 pending before the learned Civil Judge (Junior Division), at Uluberia, Howrah, is the ultimate relief sought for this case.

Learned advocate appearing for the petitioner/plaintiff submits that the suit is getting delayed because of the adjournments being granted. The only contention thus expressed by the learned advocate for the petitioner is against the delay being caused in the disposal of the suit.

No other point is raised requiring address by this Court.

In view of the nature of the order proposed to be made in this case, no prior notice is considered to be necessary.

Service of notice upon the opposite party stands dispensed with.

Accordingly, learned Civil Judge (Junior Division), at Uluberia, Howrah, in T.S. No.71 of 2008 is requested to ensure expeditious disposal of the suit, providing sufficient opportunity of hearing to either of the parties to this, but without granting any unnecessary adjournment, unless it is extremely unavoidable.

While endeavouring such exercise, the year of institution of the Partition Suit may be taken into account, and the court below may proceed with the disposal of the suit in the manner, as situation of the case would demand, so as to dispense with the justice in a best possible and expeditious manner.

Petitioner is directed to make communication of this order to the learned court below as well as to the opposite party and his learned advocate in the court below.

With this observation/direction, the revisional application stands disposed of.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)