Biswajit Biswas v. Susmita Ghosh & ORS

S/L 13 28.07.2023 Court. No. 29 Sourav SKB CO 1188 of 2019 Biswajit Biswas Vs.

Susmita Ghosh & Ors.

Mr. Asit Kumar Chowdhury ...for the opposite party no. 1.

Mr. N. L. Singhania Mr. S. K. Tewari Ms. Sanchari Chakraborty ... for the opposite party nos. 2 and 3.

1. Learned advocate for the opposite party no. 1 and learned advocate for the opposite party nos. 2 and 3 are present.

2. Mr. Chowdury, learned advocate for the opposite party no. 1 at the very outset draws attention of this Court to the order dated 23.06.2023 as passed by this Court. It reveals that on the last occasion i.e., on 23.06.2023, the petitioner was found absent and on the said date, this Court vacated the order of stay as passed in this case on April 3, 2019. Even today, none appears on behalf of the petitioner when the matter is taken up for hearing.

3. This Court has every reason to believe that the petitioner has probably lost his interest in the instant revisional application.

4. Accordingly, the instant revisional application being CO 1188 of 2019 is hereby dismissed for default.

5. Considering the fact that before the learned 5th Bench, City Civil Court, Calcutta, Title Suit No. 633 of 2014 is pending for a considerable length of time, learned Trial Court is hereby directed to mandatorily dispose of the

Title Suit No. 633 of 2014 within a period of one year from the date of communication of this order after being satisfied with regard to the service of summons upon the defendants.

6. Urgent photostat certified copy of this order, if applied for be given to the parties, upon compliance of necessary formalities.

(Partha Sarathi Sen, J.)