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Calcutta High CourtCO/130/2022disposed

Yogesh Agarwal v. Hossain Ali Mondal And ORS.

2022-02-01Hon'Ble Justice Kesang Doma Bhutia2 pages

01.02.2022 Ct. 21 D/L 7 ab C.O. 130 of 2022 (Via Video Conference) Yogesh Agarwal -VsHossain Ali Mondal & Ors.

Mr. Abhijit Chowdhary, ... for the petitioner Mr. Abhijit Chowdhary, learned advocate appears for the petitioner/defendant No.5 .

Record shows that the notice of this application has not been served on the opposite parties.

The petitioner/defendant No. 5 by filing the present application under Article of the Constitution of India has prayed for expeditious disposal of the Title Suit No. 189 of 2016, pending before the learned Civil Judge (Senior Division), 1st Court at Baruipur, South 24 Parganas.

The learned advocate for the petitioner submits that the learned Court below has been granting unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioner.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the title suit, I do not find any need to serve notice of the present application on the opposite parties and it is not likely to cause any prejudice to the interest of the opposite parties. Therefore, service of notice upon the opposite parties is dispensed with.

The learned Civil Judge (Senior Division), 1st Court at Baruipur, South 24 Parganas, is requested to dispose of the Title Suit No. 189 of 2016, as expeditiously as possible and in any event, within a period of eight months from the date of communication of this order, without granting any adjournment whatsoever to any of the parties.

Accordingly, the revisional application being C.O. 130 of 2022 is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)