Shayama Prasad Porel v. Bashanti Porel And ORS

24.11.2021 (S/L-09) Ct.-18 (Susanta) (Via Video Conference) C.O. 647 of 2021 Shyama Prasad Porel -Vs- Bashanti Porel & Ors.

Sk. Toslim Ali, .... For the Petitioner.

The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties, as such, service of notice of the present application upon the said opposite parties is dispensed with.

The plaintiff in a suit for partition is the petitioner of the present application under Article 227 of the Constitution of India.

The said suit being Title Suit No. 168 of 2019 is pending before the learned Civil Judge (Junior Division) at Amta, District- Howrah.

The petitioner is praying a direction upon the learned Trial Judge for expeditious disposal of his application under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure filed in the said suit on December 07, 2019.

C.O. 647 of 2021 is disposed of with the request to the learned Trial Judge to dispose of the said application expeditiously, if the same is otherwise ready for disposal.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Biswajit Basu, J.)