Tarak Chandra Bhadra@Gouranga Bhadra v. Smt Kalpana Das And ORS

(09) 23.11.2021 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION (Via Video Conference) CO No. 1082 of 2021 Tarak Chandra Bhadra @ Gouraga Bhadra -versus- Smt. Kalpana Das & ors.

Ms. Shebatee Dutta, ... for the petitioner.

The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause of any prejudice to the opposite parties, as such, service of notice of the present revisional application upon the said opposite parties is dispensed with. The petitioner being the beneficiary of the alleged last Will and Testament of his mother Hiranprova Bhadra dated December 23, 1970 has applied for grant of Letter of Administration before the learned District Delegate, Howerah. The said case subsequently became contentious on the objection being raised by the brothers and sisters of the petitioner. The said proceeding being a Letter of Administration Case No. 7 of 2013 is not pending before the First Court of learned Additional District Judge, Howrah.

The petitioner is complaining inordinate delay in disposal of the said case and is praying a direction upon the learned Trial Judge for expeditious disposal of it. It appears from the record that the cross-examination of the petitioner commenced way back on March 12, 2018 but the said cross-examination has not yet been concluded.

delay in concluding the cross-examination of the said witness can hardly be justified even by the situation prevailed due to intervention of the Covid-19 pandemic.

Normal functioning of the Court has resumed, under such circumstances the learned Trial Judge is requested to conclude the cross-examination of the said witness without any further delay and to make all endeavour to dispose of the said case expeditiously, preferable within a period of six available effective working months of the Court below from the date of communication of this order and in doing so shall not grant any unnecessary adjournment to either of the parties. The petitioner to communicate this order to the opposite parties or to their learned Advocate in the Court below within a week from date.

CO 1082 of 2021 is disposed of with the above terms without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the party subject to compliance of all requisite formalities.

(Biswajit Basu, J.)