Anima Chatterjee v. Pratima Ghosh And ORS

S/L 17 05.02.2021 Court. No. 19 GB C.O. 251 of 2021 Anima Chatterjee & Ors.

Vs.

Pratima Ghosh & Ors.

(Through Video Conference) Mr. Tanmoy Mukherjee, Mr. Bimalendu Das, Mr. Shourik Das.

... for the Petitioners.

This revisional application has been filed by the plaintiffs in Partition Suit No.169 of 1990, pending before the learned Civil Judge (Senior Division), 1st Court at Malda. The petitioners pray for a direction upon the learned court below for expeditious disposal of the said partition suit.

It is the contention of the petitioners that by an earlier order dated February 25, 2019, this Court had directed expeditious disposal of the partition suit.

Records reveal that an application for amendment of the plaint was filed sometime in 2018 and the said application has not yet been disposed of. On the other hand, learned court below has fixed several dates for acceptance of the learned Commissioner's report.

Under such circumstances, this revisional application is disposed of with a direction upon the learned court to dispose of the Partition Suit No.169 of 1990 as expeditiously

as possible, preferably within a period of six months from the next date fixed.

This Court has not gone into the merits of the claim and counter-claim of the parties and the learned court below will proceed independently and in accordance with law. The petitioners are directed to serve copies of this revisional application along with a server copy of this order upon the opposite parties and also upon the learned advocate appearing on behalf of the opposite parties in the learned court below.

The revisional application is 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.)