Mira Debnath Nee Aich And ANR. v. Pranab Aich

AG M/R 10.06.

C.O. 1249 of 2022 KB Ct Smt. Mira Debnath nee Aich & Anr.

Vs Pranab Aich Mr. Tarak Nath Halder, ... For the petitioners.

A direction to secure expeditious disposal interlocutory applications, filed by the petitioners/plaintiffs, in partition suit is the ultimate relief sought for in this case.

Admittedly, the partition suit has been instituted in the year 2020. After the institution of the suit, besides the pendency of injunction application, there are two other applications pending pertaining to the repairing of suit property together with proposed amendment.

It is contended by the learned advocate for the petitioners that mansoon is knocking, unless the prayer for repair is taken up and considered by the court below in accordance provisions of law, the very purpose of making an application for repairing would be frustrated.

No other point is raised requiring address by this Court.

In view of the nature of the order proposed to be made in this case, no prior notice is considered to be necessary upon the opposite party.

Service of notice of this application upon opposite party stands dispensed with.

Accordingly, learned Civil Judge (Senior Division), Sealdah in Title Suit No.76 of 2020 is requested to ensure expeditious disposal of pending application for repairing, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable, preferably within two months from the date of communication of this order.

This would not, however, prevent the Court below from causing disposal of two other interlocutory applications, pending referred hereinabove, one after another, so that the pending suit may be moved ahead, towards reaching logical conclusion in a first term mode.

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 party and the opposite party.

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)