Sri Adhir Hati v. Sri Tapas Kumar Manna And ORS.

Item No.11 04.04.2024 Court. No. 19 GB C.O. 793 of 2024 Sri Adhir Hati Vs.

Tapan Kumar Manna & Ors.

Mr. Subrata Bhattacharya, Mr. Atanu Bose, Mr. Indranuj Dutta ... for the Petitioner.

By this application, the petitioner seeks expeditious disposal of the Title Suit No.257 of 2013 (Old Title Suit No.93 of 1998), which is pending before the learned Civil Judge (Senior Division), at Seramore, Hooghly.

It appears that Misc. Case No.32 of 2017is pending. Considering the submissions, this Court is of the view that the prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite parties.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court to dispose of the misc. case within a month from the next date fixed. Thereafter the court shall make a sincere endeavour to dispose of the suit within a year. Adequate opportunity shall be given to the parties to contest the same.

This court has neither expressed any opinion on the merits of the misc. case nor on the merits of the suit. The

learned court shall proceed independently and in accordance with law.

A copy of the revisional application, along with a server copy of this order be served upon the opposite parties and/or the learned advocate contesting the matter on behalf of the opposite parties in the learned court below.

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

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)