Kanai Lal Mondal v. Krishna Das And ORS

18.04.2024 Sl. No.22(DL) srm C.O. No. 1246 of 2024 Kanai Lal Mondal

Versus

Krishna Das & Ors.

Mr. Aniruddha Mohanta ...for the Petitioner.

The petitioner is defendant No.1 in Title Suit No.216 of 2024, which is pending before the learned Civil Judge (Junior Division), 2nd Court at Baruipur, South 24-Parganas. The petitioner prays for expeditious disposal of an application under Order VII Rule 11 of the Code of Civil Procedure filed in connection with the said suit.

Considering the submission, this Court is of the view that the prayer of the petitioner for early disposal of the proceeding, is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite parties.

Under such circumstances, the revisional application is disposed of, with a direction upon the learned court to dispose of the application within a period of three months from the

next date fixed, independently and strictly in accordance with law, upon allowing the parties to contest the proceeding. Unnecessary adjournments shall not be granted to any of the parties.

No other prayer in the revisional application is entertained.

This Court has not gone into the merits of application. A copy of the revisional application along with a server copy of this order be served upon the opposite parties within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)