Shyama Prasad Porel v. Bashanti Porel & ORS

08.09.2020 Item No.14 (Susanta) (Via Video Conference) C.O. 1181 of 2020 with IA No: CAN 1 of 2020 (old CAN 5686 of 2020) Shyama Prasad Porel Vs.

Bashanti Porel & Ors.

Mr. Sk. Toslim Ali.

... for the petitioner.

The order proposed to be passed in the present revisional application under Article 227 of the Constitution of India would not cause 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 plaintiff in a suit for partition is seeking a direction upon the learned Civil Judge (Junior Division), Amta District. Howrah for expeditious disposal of an application under Order XXXIX Rule 7 of the Code of Civil Procedure filed by him on February 28, 2020 in the connected suit being Title Suit No. 168 of 2019.

The direction as prayed for is not warranted during this time when Courts are unable to function normally due to outbreak of Covid- 19 pandemic.

However, the learned Civil Judge (Junior division), Amta District. Howrah is requested to

make all endeavor to dispose of the said application expeditiously after resumption of normal functioning of the Court.

C.O. 1181 of 2020 is thus disposed of. The connected application being CAN 5686 of 2020 is also disposed of accordingly.

There shall be no 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.)