Shyamal Kumar Mitra v. Namita Bose And ORS

15.04.2024 Ct. No. 19 Sl. No.19 Cp C.O. No. 987 of 2024 Shyamal Kumar Mitra Vs.

Smt. Namita Bose & ors.

Mr. Kaustav Chandra Das .....for the petitioner.

The petitioner is the defendant in Title Suit No. 725 of 2022, which is pending before the learned Civil Judge (Junior Division), 1st Court, Hooghly. The petitioner prays for expeditious disposal of an application under Order 7 Rule 11 of the Code of Civil Procedure.

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.

The revisional application is disposed of with a direction upon the learned court to dispose of the application preferably within three months from the next date fixed. Adequate opportunity shall be granted to the parties to contest the same.

This court has not expressed any opinion on the merits of the application. 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, within a week.

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.)