Krishna Villas, Repd By Its Partner Rajeev Sethi v. Rakesh Sethi

13.02.2024 Sl. No.40(DL) srm C.O. No. 238 of 2024 Krishna Villas

Versus

Rakesh Sethi Mr. Rahul Karmakar, Mr. Sourav Guchhait ...for the Petitioner.

The petitioner, who is the plaintiff, prays for expeditious disposal of all the applications and Title Suit No.1034 of 2017, which are pending before the learned Judge, 6th Bench, City Civil Court at Calcutta.

It is submitted that as the court is vacant, the learned Judge-in-charge of the court is taking the matter on a day to day basis.

Considering the submission, this Court is of the view that the prayer of the petitioner, for early disposal of the proceeding, 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 party.

On such endeavour on the part of the learned Judge who is taking up the matter as per the direction of this Court earlier, no further orders are required to be passed. It is expected that those applications shall be disposed of shortly and thereafter, the suit shall also proceed expeditiously and be disposed of within a year. Unnecessary adjournments shall not be granted to any of the parties.

This Court has neither gone into the merits of the applications into the merits of the suit.

A copy of the revisional application along with a server copy of this order be served upon the opposite party within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)