Adya Properties Pvt Ltd v. Rajmata Maharani Bibhutikumari Devi And ORS

15.04.2024 Ct. No. 19 Sl. No.20 Cp C.O. No. 1027 of 2024 Adya Properties Private Limited Vs.

Rajmata Maharani (Smt.) Bibhukumari Devi & ors. Mr. M. Mukherjee .....for the petitioner.

The petitioner prays for expeditious disposal of an application filed in connection with Title Suit No. 956 of 2022, which is pending before the learned Civil Judge (Senior Division), 2nd Court, Alipore as also the suit. It is submitted that the suit is at the stage of evidence.

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 request to the learned court to make a sincere endeavour to dispose of the application as also the suit within one year 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 and the suit. 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.)