Krishnapada Mondal v. Panchugopal Mitra And ORS

18.03.2021 Sl. No. 26 srm C.O. No. 595 of 2021 Krishnapada Mondal, since deceased his legal heir Bholanath Mondal Vs.

Panchugopal Mitra, since deceased by his legal heir Bapi Mitra @ Subrata Mitra & Ors. Mr. Biswaroop Biswas, Mr. Gora Chand Samanta ...for the Petitioner.

This revisional application has been filed by the plaintiff/petitioner in Title Suit No.27 of 2013 pending before the learned Civil Judge (Junior Division), 1st Court at Baruipur, South 24-Parganas. The petitioner prays for expeditious disposal of the title suit along with the pending applications. It is submitted that an application under Order XXXIX Rule 7 of the Code of Civil Procedure and an application under Order XXXIX Rule 2A of the Code of Civil Procedure are pending before the learned Court below and the suit has been fixed for peremptory hearing.

Without going into the merits of the suit and/or pending applications, this revisional application is disposed of with a direction upon the learned Court below to dispose of the pending applications within a period of three months from the next date fixed upon allowing the opposite parties to contest

the said proceedings. Upon disposal of the aforementioned applications, the learned Court below shall make serious endeavour to dispose of the title suit within one year thereafter.

The learned Court below shall proceed on its own merits and in accordance with law.

It is also made clear that unnecessary adjournments shall not be granted to either of the parties. The learned Advocate-on-record for the petitioner is directed to serve copies of this revisional application upon the opposite parties as also their learned Advocate appearing in the Court below along with a server copy of this order immediately.

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.)