Bidhan Chandra Ray And ORS v. Ajay Das Ray And ORS

Item No.7 19.03.2024 Court. No. 19 GB C.O. 569 of 2022 Bidhan Chandra Ray & Ors.

Vs.

Ajay Das Ray & Ors.

Mr. Animesh Mukherjee, Md. Ali Ahasan ... for the Petitioners.

The petitioners pray for expeditious disposal of the Title Suit No.55 of 2002, which is pending before the Learned Civil Judge (Junior Division), 2nd Court at Hooghly. It is submitted that the suit is at the stage of argument. Considering the submissions, this Court is of the view that the prayer of the petitioners 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.

The revisional application is disposed of with a direction upon the learned court below to dispose of the suit expeditiously, preferably within a period of one year. Adequate opportunity shall be given to the parties to contest the same.

This court has not expressed any opinion on the merits suit. The learned court shall proceed independently and in accordance with law.

A copy of the revisional application, along with a server copy of this order be served upon the opposite parties and/or

the learned advocate contesting the matter on behalf of the opposite parties in the learned court below.

The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)