Kali Dasi Mal And ORS v. Pradip Kumar Naskar And ORS

28.06.2023 Sl. No.299(DL) srm C.O. No. 890 of 2023 Smt. Kali Dasi Mal & Ors.

Versus

Sri Pradip Kumar Naskar & Ors.

Mr. Sounak Bhattacharya, Mr. Chandra Nath Sarkar, Mr. Sounak Mandal, Mr. Anirban Saha Ray ...for the Petitioners.

The petitioners pray for expeditious disposal of an application for permission to raise a construction under the PMAY(G) scheme. An order of status quo has been passed in Partition Suit No.8 of 1992, which is pending before the learned Civil Judge (Senior Division), 1st Court at Bauirpur, South 24-Parganas.

The petitioners submit that the said application is kept pending since 2020. The written objection to the same has been filed by the defendants.

Considering the fact that the application has been pending since long, this Court is of the view that the learned court below shall dispose of the same expeditiously. An order of expeditious disposal of any litigation enures to the benefit of all the parties and hence prior service of this

revisional application upon the opposite parties is not required. The prayer is innocuous.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court below to dispose of the pending application in connection with the Partition Suit No.8 of 1992 within a period of three months from the next date fixed, strictly in accordance with law and independently. Unnecessary adjournments shall not be granted to any of the parties.

This Court has not gone into the merits of the application.

A copy of the revisional application along with a server copy of this order be served upon the learned Advocate(s) appearing on behalf of the opposite parties in the learned court below within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)