Osiman Bibi And ORS. v. Mohammad Mallik And ORS.

23.04.2024 Sl. No.77(ML) srm C.O. No. 474 of 2024 Osiman Bibi & Ors.

Versus

Mohammad Mallik & Ors.

Mr. Dibyendu Chatterjee ...for the Petitioners.

The petitioners/plaintiffs pray for expeditious disposal of Title Suit No.25 of 2019, which is pending before the learned Civil Judge (Junior Division), 3rd Court at Tamluk, Purba Medinipur.

It is submitted that no interlocutory applications are pending and the suit is at the stage of evidence. Considering the submission, this Court is of the view that the prayer of the petitioners 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 make a sincere endeavour to dispose of the suit within a period of six

months 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 not gone 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.)