Sk Tayab Ali v. Sk Abul Kalam And ANR

25.04.2022 Item No.4 Ct. No.7 CHC (disposed of) C.O.345 of 2022 (Physical Hearing) Sk. Taiyab Ali Vs.

Sk. Abul Kalam & anr.

Gazi Faruque Hossain, Ms. Priyanka Mondal ...for the petitioner A direction to secure expeditious disposal of suit being Title Suit No.270 of 2015, pending before the learned Civil Judge (Junior Division), 1st Court, Serampore, Hooghly, is the ultimate relief sought for in this case.

Mr. Hossain, learned advocate appearing for the petitioner/defendant submits that till date, issues have not yet been framed, and the suit is getting delayed by reason of the adjournment being granted, on the prayer of the plaintiffs/opposite parties.

The only contention thus expressed by the petitioner is against the delay caused in the disposal of the suit. No other point is raised requiring address by this Court.

Upon perusal of the photocopy of the orders of the lower court below, annexed with the instant revisional

application, it appears that amendment at the instance of the plaintiff/opposite party was allowed on 6th January, 2020. The date thereafter was fixed for filing an additional written statement. The same being not filed on the stipulated date, there has been show-cause against the plaintiff. Subsequently, the opposite parties/plaintiffs filed additional written statement. In view of the nature of order proposed to be made in this case, no prior notice is considered to be necessary. Service upon the opposite parties is thus dispensed with.

Accordingly, learned Civil Judge (Junior Division), 1st Court, at Serampore, Hooghly, in Title Suit No:270 of 2015, is requested to ensure expeditious disposal of the suit after framing the issues at an early date, providing sufficient opportunity of hearing to either of the parties to this case, but without granting any unnecessary adjournment, unless it is extremely unavoidable.

Petitioner is directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties and opposite parties.

With this observation/direction, the revisional application stands disposed of.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)