Calcutta High CourtCO/140/2021disposed

Salil Ghosh And ORS v. Parthajit Majumder

2021-01-25Hon'Ble Justice Shampa Sarkar2 pages

25.01.2021 Sl. No. 9 srm C.O. No. 140 of 2021 Salil Ghosh & Ors.

Vs.

Parthajit Majumder Mr. Aniket Mitra ...for the Petitioners.

This revisional application has been filed by the plaintiffs praying for expeditious disposal of the Title Suit No.80 of 2007 along with pending application, pending before the learned Civil Judge (Senior Division), 5th Court at Alipore, South 24-Parganas.

According to the petitioners, the issues were framed on February 10, 2015 and the evidence was going on. The parties to the proceedings thereafter filed certain application, which are still not disposed of.

It is informed that the next date has been fixed by the learned Court below on April 14, 2021 for disposal of the application filed by the plaintiffs under Order I Rule 10(2) of the Code of Civil Procedure.

Without making any observation on the merits of the claims of the parties, this revisional application is disposed of by directing the learned Court below to dispose of the pending applications filed in connection with the Title Suit No.80 of

2007 pending before the learned Civil Judge (Senior Division), 5th Court at Alipore, South 24-Parganas, as expeditiously as possibly preferably within a period of two months from the next date fixed upon affording an opportunity to all the contesting parties.

Upon disposal of the applications, this Court hopes and trusts that the learned Court below will dispose of the title suit, which is of 2007 and is at the stage of recording of evidence.

Learned Court below will proceed independently without being influenced by any observation made hereinabove.

The learned Advocate-on-record for the petitioners is directed to serve a copy of this revisional application upon the opposite party along with a server copy of this order within a week from date.

This revisional application is, thus, disposed of. There will be, however, no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)