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Calcutta High CourtCO/853/2021disposed

Md. Amin Biswas v. Tanjila Begum

2021-04-20Hon'Ble Justice Shampa Sarkar2 pages

20.04.2021 Court No. 19 Item no.11 CP C.O. 853 of 2021 Md. Amin Biswas vs.

Mst. Tanjila Begum (via video conference) Mr. Samrat Chowdhury .....for the petitioner.

This revisional application has been filed praying for expeditious disposal of Title Suit No. 1551 of 2018, pending before the learned Civil Judge (Junior Division), 1st Additional Court at Alipore, South 24 Parganas.

It is submitted that two applications filed by the defendant are pending before the learned court below; one with regard to the acceptance of the show cause and the other relating to vacating the order fixing the suit for ex parte hearing.

After considering the records, this court finds that justice would be subserved if the learned court below is directed to dispose of the aforementioned applications expeditiously, preferably within a period of four weeks from the next date fixed upon hearing the rival contentions of the parties and on merits by allowing them to contest the same. Thereafter the

learned court below shall proceed to dispose of the suit expeditiously on its own merits.

This court has not gone into the merits of the claim of the petitioner. The learned court below shall proceed independently and in accordance with law. The revisional application is disposed of. There shall be no order as to costs.

Service of the revisional application and a server copy of this order upon the opposite party and her learned Advocate appearing in the learned court below within three days from date.

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible subject to compliance of all usual formalities.

(Shampa Sarkar, J.)