Gita Rani Sen v. Saibal Sen And ORS

24.02.

C.O. 470 of 2023 rup Ct Smt. Gita Rani Sen Vs Sri Saibal Sen & Ors.

Mr. Kusual Chatterjee, Mr. D Toy, Mr. Rishabh Ahmad Khan ... For the petitioner. Fundamental issue involved in this revisional application is in respect of a prayer for early disposal of Title Suit No. 211 of 2004 pending before the learned Civil Judge (Senior Division), 1st Court, Hooghly. It is submitted that issue has not yet been framed in the suit.

Referring to a direction recorded in the order dated 13th January, 2020 in connection with CO 4420 of 2019, it is submitted that Hon'ble Court requested the learned Judge for passing preliminary decree in the Title Suit referred to above, within six months form the communication of this order.

Considering the nature of the prayer of the revisional application with regard to the expeditious disposal, no service of notice is required to be served upon the opposite parties.

Service upon the opposite parties is thus dispensed with.

Accordingly, learned Civil Judge (Senior Division), 1st Court, Hooghly is requested to adhere to

the order passed by the Hon'ble Court in connection with and order dated 13th January, 2020 in connection with CO 4420 of 2019 and dispose of the suit within six month from the date of communication of this order.

I make it clear that only pendency of any revisional application cannot stand in the way of disposal of the suit without any specific order of stay by the Court.

Petitioner is directed to make communication of this order to the learned Civil Judge (Senior Division), 1st Court, Hooghly as well as opposite parties/plaintiffs and his learned advocate appearing on behalf of the opposite parties before the Trial Court.

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

All the parties shall act on the server copy of this order duly downloaded from the official web site of this Court.

(Bibhas Ranjan De, J.)