Shyam Sundar Sharma v. Jatadhari Inter College And ORS

Item No. 34 31.08.2023 Court. No. 19 GB C.O. 655 of 2023 Shyam Sundar Sharma Vs.

Jatadhari Inter College & Ors.

Mr. Gupta Nath Prasad ... for the Petitioner.

The petitioner seeks expeditious disposal of the application under Order 7 Rule 11 of the Code of Civil Procedure which has been filed in Title Suit No.35194 of 2014. The suit is pending before the learned Judge, 7th Bench, City Civil Court at Calcutta.

It is submitted that the said application is pending since 2017.

This Court is of the view that the prayer of the petitioner is reasonable.

This Court has neither expressed any opinion on the merits of the suit nor on the merits of the applicaton. An order of expeditious disposal enures to the benefit of all the parties and hence this revisional application need not be served upon the opposite parties before its disposal. The prayer is innocuous.

Under such circumstances, this Court directs the learned Judge, 7th Bench, City Civil Court at Calcutta to dispose of the application within a month from next date fixed, upon granting adequate opportunity to contest the same.

The learned court below shall proceed in accordance with law and independently, without granting unnecessary adjournments to either of the parties.

Accordingly, the revisional application is disposed of. Petitioner is directed to serve a copy of the revisional application upon the opposite parties, along with a server copy of this order.

However, there will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)