Swapan Kumar Debnath v. Arabinda Debnath And ANR

15.05.2023 Ct. No.237 pg.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 503 of 2023 Swapan Kumar Debnath Vs.

Arabinda Debnath & Anr.

Mr. Sudarshan Haldar ... For the petitioner This revisional application has been filed with a prayer for expeditious disposal of the application under Order 39 Rule 4 of the Code of Civil Procedure which is pending for a considerable period before the learned Civil Judge (Junior Division), 2nd Court, In-Charge, Barrackpore, in spite of submission of written objection by the plaintiff.

Considering the facts and circumstances, I do not find any reason to ask the petitioner to serve notice upon the opposite parties. Thus, service of notice upon the opposite parties stands dispensed with.

Accordingly, the learned Civil Judge (Junior Division), 2nd Court, In-Charge, Barrackpore, is expected to make all endeavour to dispose of the application under Order 39 Rule 4 of the Code of Civil Procedure in connection with Title Suit No.185 of 2021 within 15 days after the ensuing summer vacation.

With the aforesaid observation, the revisional application, being CO 503 of 2023, stands disposed of.

Learned advocate appearing on behalf of the petitioner is at liberty to bring this order to the notice of the learned Civil Judge (Junior Division), 2nd Court, In-Charge, Barrackpore, forthwith.

All parties shall act on the basis of a 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 necessary formalities.

(Bibhas Ranjan De, J.)