Subol Chandra Das And ANR v. Bhutnath Prosad Gupta And ORS

18.05.

C.O. 1125 of 2022 AGM /RKB Ct Subol Chandra Das & Anr.

Vs Bhutnath Proad Gupta & Ors.

Mr. Tusher Kanti Mukerjee ... For the petitioners.

A direction to secure expeditious disposal of suit being Title Suit No. 117 of 2017 pending before the learned Civil Judge (Junior Division), Malda, is the ultimate relief sought for in this case.

The only contention expressed by the learned advocate appearing for the petitioners is against the delay caused in the disposal of suit.

Upon adverting to copy of the order dated 27th July, 2021 passed in C.O. No. 1309 of 2021, learned advocate for the petitioners submits that despite direction passed by this Court, requiring court below to ensure expeditious disposal of suit, after causing disposal of interlocutory applications within the period mentioned therein, the logical conclusion of the suit has not yet reached, resulting in serious protraction of instant trial.

No other point is raised requiring address by this Court.

In view of the nature of the order proposed to be made in the cases referred above, no prior notice is

considered to be necessary.

Service upon the opposite parties is thus dispensed with.

Accordingly learned Civil Judge (Junior Division), Malda in Title Suit No. 117 of 2017 is requested to ensure expeditious disposal of suit after causing disposal of interlocutory applications, if there be any pending, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable.

While endavouring such exercise, the Court below may take into account, the order passed in C.O. 1309 of 2021 and proceed with the disposal of the suit, in the manner, as situation of the case, would demand, so as to dispense with the justice in a best possible and expeditious manner, upon sensing the purport and message contained in 27.07.2021. Petitioners are directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties and the opposite parties as well. With this observation and direction, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)