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Calcutta High CourtCO/772/2020disposed

Samir Bhandari v. Minati Nandi

2020-12-16Hon'Ble Justice Shampa Sarkar2 pages

16.12.2020 Court No. 19 Item No.9 CP C.O. 772 of 2020 Samir Bhandari vs.

Minati Nandi Mrs. Pampa Dey (Dhabal) ....for the petitioner.

This application has been filed by the defendant no. 3 in Tittle Suit No. 103 of 2011, pending before the learned Civil Judge (Senior Division), Arambagh, Hooghly.

It is submitted that the defendant no. 3 is a cancer patient and the suit should be disposed of expeditiously as the same was filed in the year 2011. It is further stated that several interlocutory applications have been filed by the respective parties and heard over a long period of time. As a result of which an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure could not be disposed of. It is also stated that the defendant no. 3 is suffering an ad interim order of status quo.

Under such circumstances, this revisional application is disposed of with a direction upon the learned court below to dispose of all pending applications including the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure

expeditiously upon the substitution having been effected as directed by the learned court below within a period of two months from the next date fixed without granting any further adjournments to either of the parties.

This court has not gone into the merits of the claims and counter claims of the parties and the learned court below will decide the applications independently and in accordance with law.

Copy of this revisional application along with the server copy of this order be served upon the opposite parties within seven days from date. (Shampa Sarkar, J.)