Supriya Pradhan And ORS v. Shyamal Kumar Pradhan And ORS

Sn 23.2.21 C.O.325 of 2021 SUPRIYA PRADHAN & ORS. VS. SHYAMAL KUMAR PRADHAN & ORS.

Mr. Supriyo Chattopadhyay Mr. sudip Kumar Maiti Ms. Saswati Adhikary ..for the petitioner In this revisional application, the petitioners, who are the plaintiffs in Title Suit No.84 of 2006, pending before the learned Civil Judge, Junior Division, 1st Court, Tamluk, District Purba Medinipur, pray for a direction upon the learned Court below to dispose of the title suit expeditiously along with the pending applications. Records reveal that an application under Order 26 Rule 9 of the CPC has been filed by some of the defendants on February 1, 2021, which is still pending. The plaintiffs are directed to file their written objection to the application under Order 26 Rule 9 of the Code of Civil Procedure filed by the defendant nos.1-3 within March 10, 2021. Thereafter, the learned Court below shall proceed with the hearing of the said application and pass necessary order on its own merits and dispose of the same within a month from the next date fixed.

Upon disposal of the interlocutory

applications, the learned Court below will conclude the hearing of the suit and dispose of the same preferably within a period of one year thereafter.

This Court has not gone into the merits of the claim and counterclaim of the parties and the learned Court below shall deal with the applications as also the suit in accordance with law.

The petitioners are directed to serve copies of the revisional application along with a server copy of this order upon the opposite parties within a week from date. This revisional application is disposed of.

There will be however no order as to costs.

Urgent photostat certified copy of this order be given to the parties on priority basis, if the same is applied for.

(Shampa Sarkar,J.)