Swapan Kumar Roy v. Kalpana Senapati

25.04.2024 Ct. No. 19 Sl. No.13 Cp CO/1045/2024 SWAPAN KUMAR ROY VS KALPANA SENAPATI Mr. Manoranjan Jana Ms. Mitali Jana ... for the Petitioner.

The petitioner prays for expeditious disposal of Title Suit No. 234 of 2007 (renumbered as Title Suit No. 47 of 2015), which is pending before the learned Civil Judge (Junior Division), 1st Additional Court at Contai along with a pending application.

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 party. The revisional application is disposed of with a direction upon the learned court to dispose of the pending application within a month from the next date fixed. Adequate opportunity shall be granted to the parties to contest the same. Thereafter the learned court is requested to make sincere endeavour to dispose of the Suit within a year from the date of disposal of the application.

This court has not expressed any opinion on the merits of the application and the case. 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 party and/or the learned advocate contesting the matter on behalf of the opposite party 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.)