Anju Roy Chowdhury (Nee Sarkar) And ANR v. Dipak Sarkar

S/L 31 11.03.2021 Court. No. 19 GB C.O. 530 of 2021 Smt. Anju Roy Chowdhury (nee Sarkar) & Anr.

Vs.

Sri Dipak Sarkar (Through Video Conference) Mr. S. Chakraborty, Mr. Jayanta Kr. Dhar.

... for the Petitioners.

This is an application for expeditious disposal of Title Suit No.19378 of 2011 pending before the learned Civil Judge (Senior Division), 4th Court at Alipore.

The petitioners are the plaintiffs in the partition suit. It is contended that the preliminary decree has been passed on December 20, 2013.

Thereafter, the partition Commissioner has also filed a report and several dates have been fixed for acceptance of the partition Commissioner's report. But the hearing to that effect has not yet taken place. It is submitted that next date for hearing has been fixed on March 25, 2021. The prayer made by the petitioners is innocuous. Therefore, this revisional application is being disposed of without service of notice upon the opposite party.

This Court disposes of the revisional application with a direction upon the learned court below to dispose of the title suit expeditiously, preferably within a period of four months from the next date fixed.

This Court has not gone into the merits of the case of the petitioners and the learned court below shall proceed independently and in accordance with law.

The petitioners are directed to serve a copy of this revisional application along with a server copy of this order upon the opposite party.

The revisional application is disposed of.

There will be, however, 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.)