Partha Tikadar v. Biswanath Das

11.03.2022 Ct. 21 D/L 136 ab C.O. 341 of 2022 Partha Tikadar -VsBiswanath Das Mrs. Arundhati Banerjee, Mr, Kaustav Banerjee, ... for the petitioner Mrs.

Arundhati Banerjee, learned advocate appears for the petitioner.

Record shows that no notice of this application has been served upon the opposite party.

The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of all the pending applications in connection with Title Suit No. 889 of 2020, as well as the suit itself, pending before the learned Civil Judge (Junior Division), 3rd Court at Alipore.

The learned advocate for the petitioner submits that the learned Court below has been granting unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioner.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the title suit, I do not find any need to serve notice of the present application on the opposite party and it is not likely to cause any prejudice to the interest of the

opposite party. Therefore, service of notice upon the opposite party is dispensed with.

The learned Civil Judge (Junior Division), 3rd Court at Alipore, is requested to dispose of all the pending applications in connection with Title Suit No. 889 of 2020, as expeditiously as possible and in any event, within a period of three months from the date of communication of this order, without granting any adjournment whatsoever to any of the parties. The learned Court below is further requested, after disposal of the pending applications, to make an endeavour to dispose of the suit being Title Suit No. 889 of 2020, as expeditiously as possible and in any event, within a period of one year thereafter, without granting any adjournment whatsoever to any of the parties but being regard to the diary maintained by him/her. Accordingly, the revisional application being C.O. 341 of 2022 is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)