Netai Dey & ORS. v. Shanti Ranjan Bhanja & ORS.

22.01.2021 Court No. 19 Item No.10 CP C.O. 958 of 2020 Netai Dey & ors.

vs.

Shanti Ranjan Bhanja & ors.

(via video conference) Mr. Rabindranath Mahato ....for the petitioners.

This revisional application has been filed for a direction upon the learned Civil Judge (Junior Division), 2nd Court at Midnapore, Midnapore (West) to dispose of the Title Suit No. 165 of 2012 expeditiously.

The certified copy of the order sheet reflects that the injunction application had been rejected on October 8, 2012. Thereafter, the suit had been fixed on several dates. Issues have been framed on February 13, 2019. On Subsequent dates the suit was adjourned either due to the resolution taken by the local bar or because the business of the learned court did not permit hearing of the same. On June 16, 2020 the plaintiffs filed an application for expunging the name of the plaintiff no. 2. The said application has been kept pending for hearing. Under such circumstances, as the issues have already been framed and the suit is of 2012, for the ends of justice this revisional application is disposed

of with a direction upon the learned court below to hear out and decide Title Suit No. 165 of 2012 as expeditiously as possible, preferably within a period of one year from the date of communication of this order along with all pending applications.

This court has not gone into the merits of the claims of the petitioner and the learned court below will proceed independently and in accordance with law.

Petitioners are directed to serve a copy of the revisional application along with the server copy of this order upon the opposite parties and/or their learned advocates appearing in the learned court below.

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

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible subject to compliance of all usual formalities.

(Shampa Sarkar, J.)