Chitralekha Chatterjee v. Shaoli Chaudhury And ORS

07.03.2024 Sl. No.62(DL) srm C.O. No. 437 of 2024 Smt. Chitralekha Chatterjee

Versus

Smt. Shaoli Chaudhury & Ors.

Mr. Tapojit Dey, Mr. Samaruddha Das ...for the Petitioner.

The petitioner is the plaintiff, who seeks expeditious disposal of partition suit being Title Suit No.67 of 2022, which is pending before the learned Civil Judge (Senior Division), 7th Court at Alipore, South 24-Parganas.

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 parties.

Under such circumstances, the revisional application is disposed of, with a direction upon the learned court to dispose of the suit along with all pending applications, if any, within a period of two years from the next date fixed, independently

and strictly in accordance with law, upon allowing the parties to contest the proceeding. Unnecessary adjournments shall not be granted to any of the parties.

This Court has neither gone into the merits of the applications nor 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 parties 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.)