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Calcutta High CourtCO/186/2021disposed

Abdur Rahim Molla v. Sajahan Molla And Another

2021-01-29Hon'Ble Justice Shampa Sarkar2 pages

29.01.2021 Sl. No. 17 srm C.O. No. 186 of 2021 Abdur Rahim Molla Vs.

Sajahan Molla & Anr.

Mr. Parvej Anam ...for the Petitioner.

This revisional application has been filed praying for expeditious disposal of the Title Suit No.38 of 2012 pending before the learned Civil Judge (Junior Division), 2nd Court at Bauirpur, South 24-Parganas. The plaintiff is the petitioner before this Court.

Records reveal that the written statement was filed belatedly by the defendants. Thereafter several dates were fixed for filing written objection in respect of the Commissioner's report. There is nothing on record to show that the written objection in respect of the Commissioner's report has been filed by the petitioner.

Thus, the Court cannot be faulted for non-disposal of the suit. However, if the written objection is filed by the plaintiff/petitioner then the learned Court below will proceed with the suit expeditiously and in accordance with law on the merits keeping in view the age of the suit and long pendency thereof.

The learned Court below will not grant unnecessary adjournments to either of the parties and will make all attempts to dispose of the title suit expeditiously preferably within a period of one year from the date of communication of this order.

The learned Advocate for the petitioner is directed to serve copies of this revisional application upon the opposite parties along with a server copy of this order within 10 days 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.)