Chandra Sekhar Maity v. Shilarani Sau And ORS

15.03.2024 Court No. 19 Item no.11 CP C.O. 432 of 2024 Sri Chandra Sekhar Maity Vs.

Smt. Shilarani Sau & ors.

Mr. Debasish Das Mr. D. B. Dutt ......for the petitioner.

The petitioner prays for expeditious disposal of the Title Suit No. 34 of 2014, which is pending before the learned Civil Judge (Senior Division) 2nd Court, Contai.

It is submitted that the final decree has not yet been drawn up although the preliminary decree was passed sometime in 2014. It is also submitted that the matter awaiting the learned partition commissioner's report.

The prayer of the petitioner 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 parties.

The revisional application is disposed of with a direction upon the learned court to dispose of the suit within a period of six months from the next date fixed. Adequate opportunity shall be granted to the parties to contest the same.

This court has not expressed any opinion on the merits of the suit. The learned court shall proceed independently and in accordance with law. A copy of the revisional application along with a server copy of this order be served upon the opposite parties and/or the learned advocate contesting the matter on behalf of the opposite parties in the learned court below, within a week. The revisional application is accordingly disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)