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Calcutta High CourtCO/148/2022disposed

Sukla Das v. Krishna Basu And ORS

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

01.02.2022 Ct. 21 D/L 9 ab C.O. 148 of 2022 (Via Video Conference) Smt. Sukla Das -VsSmt. Krishna Basu & Ors.

Mr. Yashraj Roy, ... for the petitioner Mr. Yashraj Roy, learned advocate appears for the petitioner.

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

The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the application for final decree in connection with Title Suit No. 232 of 2008, subsequently renumbered as Title Suit No. 9496 of 2014, pending before the learned Civil Judge (Senior Division), 1st Court at Barasat, North 24 Parganas. The learned advocate for the petitioner submits that the preliminary decree was passed on 27.08.2019. The learned advocate for the petitioner also 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 interlocutory application, 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 Barasat, North 24 Parganas, is requested to dispose of the application for final decree in connection with Title Suit No. 232 of 2008, subsequently renumbered as Title Suit No. 9496 of 2014, as expeditiously as possible and in any event, within a period of six 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. 148 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.)