Netai Chandra Sadhukhan v. Lalmohan Sadhukhan @Arun Sadhukhan And ORS

21.04.2022 Item No.20 Ct. No.7 CHC (disposed of) C.O.865 of 2022 (Physical Hearing) Sri Netai Chandra Sadhukhan Vs.

Lalmohan Sadhukhan alias Arun Sadhukhan & ors. Mrs. Shohini Chakraborty, Ms. Prajaaini Das ...for the petitioner A direction to secure expeditious disposal of a suit being Title Suit No.78 of 1991, pending before the learned Civil Judge (Junior Division), Second Court, Barrackpore, North 24 Parganas is the ultimate relief sought for in this case.

The only contention expressed by Ms. Prajaaini Das, learned advocate appearing for the petitioner is against the inordinate delay caused in the disposal of the suit.

Upon perusal of the photocopies of the orders annexed with the instant revisional application, it appears that evidence of P.W.1 on recall is lying deferred in the pending suit.

In view of the nature of the order proposed to be made, no prior notice is considered to be necessary. Service upon the opposite parties stands dispensed.

Accordingly, learned Civil Judge (Junior Division), Second Court, at Barrackpore, in connection with Title Suit No.78 of 1991, is requested to ensure expeditious disposal of pending suit, referred hereinabove, providing sufficient opportunity of hearing to either of the parties to this case, but without granting any unnecessary adjournment, unless it is extremely unavoidable.

While endeavouring such exercise, year of institution of the case may be taken into account, and the learned court below may proceed with the disposal of the suit in a manner, as situation of the case would demand, so as to dispense with the justice in a best possible expeditious manner.

Petitioner is directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties, and opposite parties as well. With this observation/directions, the revisional application stands disposed of.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)