Sri Murari Mohan Kejriwal And ORS v. Sri Ramesh Kumar Kejriwal And ORS

Item No. 35 31.08.2023 Court. No. 19 GB C.O. 1023 of 2023 Sri Murari Mohan Kejriwal & Anr.

Vs.

Sri Ramesh Kumar Kejriwal & Ors.

Mr. Avirup Mondal, Mr. Debasish Ghosh ... for the Petitioners.

The petitioner seeks expeditious disposal of the Title Suit No.111 of 2007 along with an application for substitution filed under Order 22 Rule 5 of the Code of Civil Procedure, which are pending before the learned Civil Judge (Junior Division), 1st Court at Uluberia.

ThisCourt is of the view that the prayer of the petitioners is reasonable.

This Court has neither expressed any opinion on the merits of the suit nor on the merits of the application. An order of expeditious disposal enures to the benefit of all the parties and hence this revisional application need not be served upon the opposite parties before its disposal. The prayer is innocuous.

Under such circumstances, this Court directs the learned Civil Judge (Junior Division), 1st Court at Uluberia to dispose of the application within a month from next date fixed, upon giving adequate opportunity to the parties to contest the same. Thereafter, the suit shall be disposed of within a year, in accordance with law, granting adequate opportunity to all the parties to contest the same.

The learned court below shall proceed in accordance with law and independently, without granting unnecessary adjournments to either of the parties.

Accordingly, the revisional application is disposed of. Petitioners are directed to serve a copy of the revisional application upon the opposite parties, along with a server copy of this order.

However, there will be 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.)