M/S Jagabandhu Ram Dwarka Alias Jagabandhu Ram Dwarka Prosad v. M/S Shiv Shankar Road Lines Corp. & ORS.

28.02.2024 Sl. No. 03 Ct. No. 655 s.g.

IA No.:CAN/1/2011 (Old No.:CAN/4399/2011), CAN/2/2011 (Old No.:CAN/9524/2011) in CO/781/2011 M/s. Jagabandhu Ram Dwarka @ Jagabandhu Ram Dwarka Prasad -Vs.- M/s. Shiv Shankar Road Lines Corporation & Ors.

Both the parties are not represented.

The instant application is filed by the petitioner under Article 227 of the Constitution of India challenging the impugned order dated 16.11.2010 passed by the learned Trial Court in connection with Title Suit No. 171/2010. By passing the impugned order learned Trial Court allowed the application praying for local inspection filed by the plaintiff of that Title Suit under Order 39 Rule 7 of the Civil Procedure Code.

Being aggrieved by and dissatisfied with the impugned order the petitioner (herein) filed this revisional application which is pending since the year 2011.

It appears that the petitioner has lost interest to proceed with the present case and as such there is no justification to keep this revisional application alive in the list.

Accordingly, the revisional application being CO/781/2011 is dismissed for default.

Consequently, the applications being CAN/1/2011 (OldNo.:CAN/4399/2011) and CAN/2/2011 (Old No.:CAN/9524/2011) filed in connection with the revisional application being

CO/781/2011 either by the petitioner herein or opposite parties are also dismissed for default. Learned Trial Court is hereby directed to take appropriate step for expeditious disposal of the Title Suit No. 171/2010 along with the applications filed in that suit without giving unnecessary adjournments to either of the parties.

Let a copy of this order be sent down to the Trial Court for compliance.

Interim order, if any, stands vacated.

There will be no order as to costs.

(Prasenjit Biswas, J.)