Calcutta High CourtCO/1134/2021disposed as abated

Sree Sree Anandamoyee Dakshina Kalimata Thakurani Rep By Its Sebait And ORS v. Satyaendra Nath Chakrbaorty And ORS

2021-11-25Hon'Ble Justice Kesang Doma Bhutia2 pages

04. 25.11.2021 Ct. No.21 BR C.O. 1134 of 2021 Sree Sree Anandamoyee Dakshina Kalimata Thakurani & Ors.

-VersusSri Satyendranath Chakraborty & Ors (Through Video Conference) Arif Ali ...for the Petitioners.

Learned advocate appearing for the petitioner submits that Title Suit No. 8188 of 2012 is pending before the learned Civil Judge (Senior Division), 10th Court, Alipore. In the case argument for the side of the plaintiffs/petitioners have already been completed, but ld. Court below has been fixing dates after dates for argument form the side of the defendants/opposite parties. Taking advantage of such delay in disposal of the case O.P. No.1 joint receiver is trying to grant rights of Debatar Property to third parties. Therefore, he prays necessary direction may be passed upon the learned Court below to conclude the hearing of argument and disposed of the case pending for more than nine years. Since the petitioner has prayed for expeditious disposal of Title Suit No. 8188 of 2012 there is no possibility of causing any prejudice to the opposite parties.

Further having regard to the nature of relief claimed, I see no reason to put the opposite parties on notice.

Service of notice on the opposite parties is dispensed with.

Accordingly, C.O. No. 1134 of 2021 is hereby disposed of with a request to the learned Civil Judge (Senior Division), 10th Court, Alipore to complete the hearing of the argument at the earliest and dispose of the Title Suit No 8188 of 2012 expeditiously, and in any event, within a period of one month from the date of receipt of this order as the same is pending for last nine years. There will be no order as to costs.

Urgent Photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Kesang Doma Bhutia, J.)