Calcutta High CourtCO/437/2018disposed

Sekhar Manna v. Subhasini Manna & ORS

2023-07-11Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

Ct.

No.

akb 11.07 C.O. 437 of 2018 Sekhar Manna -VersusSmt. Subhasini Manna & Ors.

Mr. Mahammad Mahmud ...For the Petitioner This revisional application under Article 227 of the Constitution of India has been filed by the petitioner seeking expeditious disposal of the Title Suit No. 257 of 2004 pending in the Court of the learned Civil Judge (Junior Division), 1st Court, Contai, District - Purba Medinipore. Petitioner contended that the opposite parties No. 1 to 4 herein as plaintiffs filed a suit for declaration with consequential reliefs.

The defendant No. 6 / petitioner and defendant Nos. 5 and 7 appeared in the said suit denying the material allegations made therein.

The defendant No. 6 petitioner states that though the defendant Nos. 5, 6 and 7 filed written statement and counter-claim long back on 12th January, 2007 but the suit is still pending and the other side are seeking adjournment one after another. Accordingly, the petitioner has prayed for a direction for expeditious disposal of the said suit. The prayer made by the petitioner is innocuous and as such service of copy of revisional application and the notice upon the opposite parties are dispensed with. In view of the facts and circumstances of the case and considering the fact that the prayer is innocuous and if the application is allowed in terms of prayer made in this application, neither party will have any cause to prejudice,

the prayer made by the petitioner is allowed. The Court below is directed to make every endeavour for expeditious disposal of the suit since the suit is pending from the year 2007 and the Court below will make best endeavour to conclude the final hearing of the suit preferably within a period of 8 (eight) months from the date of communication of this order.

The revisional application, being C.O. 437 of 2018 is thus disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the petitioner, on priority basis on compliance of all usual formalities.

( Ajoy Kumar Mukherjee, J.)