Chandra Sekhar Ghosh And ORS. v. Sefali Sarkar And ORS.

S/L 16 12.04.2021 Court. No. 19 GB C.O. 829 of 2021 Sree Chandra Sekhar Ghosh & Ors.

Vs.

Smt. Sefali Sarkar & Ors.

(Through Video Conference) Mr. Probal Kr. Mukherjee, Ms. Shebatee Datta.

... for the Petitioners.

This revisional application has been filed praying for expeditious disposal of Title Suit No.60 of 1996 pending before the learned Civil Judge (Senior Division), Durgapur, Burdwan.

It is submitted by Mr. Mukherjee, learned advocate appearing on behalf of the defendant nos.34 to 38, 40, 41 and 43 to 49 that 11 days were fixed for argument and either the matter was adjourned at the instance of the plaintiffs or because the presiding officer was not able. He submits that evidence was closed way back on July 3, 2017 and thereafter the arguments have not been completed as yet. Thus, no preliminary decree has yet been passed.

Under such circumstances, without going into the merits of the contentions of the parties but upon taking cognizance of the age of the suit, this Court is of the opinion that justice would be sub-served if the learned court below is directed to conclude the hearing and pass the preliminary decree in accordance with law within a period of six months

from the next date fixed, without granting unnecessary adjournments to either of the parties.

The learned court below shall proceed in accordance with law and independently.

Petitioners are directed to serve a copy of this revisional application along with a server copy of this order upon the opposite parties and/or their learned advocate appearing in the learned court below within a week from date.

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.)