Sk. Abed Ali (Deceased) Legal Heirs Ajmira Bibi And ORS. v. Lal Banu Bibi (Deceased) Legal Heir Islam Ali
AG M/R 10.06.
C.O. 1264 of 2022 KB Ct Sk. Abed Ali (Deceased) Legal Heirs Ajmira Bibi & Ors.
Vs Lal Banu Bibi (Deceased) Legal Heir Islam Ali Mr. Dr. Indrajit Mondal, Ms. Indrani Pal, ... For the petitioners.
A direction to secure expeditious disposal of an application under Section 151 of the Code of Civil Procedure, filed by the defendants in Title Suit No.274 of 2014 of learned Civil Judge (junior Division), 1st Court, Barasat is the ultimate relief sought for in this case.
It is submitted by Mr. Dr. Indrajit Mondal, learned advocate for the petitioners that the suit is getting delayed for the adjournment being granted resulting in serious protraction to the trial of the case.
An application under Section 151 of C.P.C has been filed seeking expeditious disposal of pending suit.
The only contention expressed by the learned advocate for the petitioners is against the delay caused in the disposal of suit.
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 (junior Division), 1st Court, Barasat in connection with Title Suit No. 274 of 2014 is requested to ensure expeditious disposal of pending interlocutory application under Section 151 of the C.P.C., providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable.
This would not, however, prevent the Court below from causing expeditious disposal of pending suit taking into account the year of institution of the suit.
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)