Jharna Ghosh v. Usha Gun @ Usha Goon And ORS.

24.03.

C.O. 401 of 2022 AGM /RKB Ct Jharna Ghosh Vs Usha Gun @ Usha Goon & Ors Mr. Kaustav Bagchi, Mr. Debayan Ghosh Ms. Priti Kar ... For the petitioner.

A direction to secure expeditious disposal of suit is the ultimate prayer in this case.

A suit for declaration and injunction came to be instituted at the instance of the petitioner/plaintiff in the year 2016.

Mr. Kaustav Bagchi, learned advocate appearing for the petitioner draws attention of this Court, to photocopies of orders passed by learned Court below, to reveal that the issues in this case have already been framed in 2017, and thereafter evidence of PW 1 was resumed. There has been no tangible progress, since then towards the conclusion of the pending case. An interlocutory application under order 39 Rule 7 of the Code of Civil Procedure has been filed, which is awaiting decision by the Court below. In view of the nature of the order proposed to be made in this case, non-service of notice upon the opposite parties would not cause prejudice to the opposite parties.

Service of notice of this application upon opposite parties stands dispensed with.

Accordingly, learned Civil Judge (Junior Division), 1st Court at Barrackpore in Title Suit No. 20 of 2016 is directed to ensure expeditious disposal of the pending suit, referred hereinabove, after causing disposal of interlocutory applications, preferably within a period of 18 months from the date of communication of this order, but without granting unnecessary adjournments, unless it is extremely unavoidable.

While endeavouring such exercise, an opportunity of hearing to both the parties must be ensured.

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

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

(Subhasis Dasgupta, J)