Sk. Murad Ali And ORS v. Sk. Najruluddin @ Padu And ORS

25.04.2024 Ct. No. 19 Sl. No.16 Cp CO/1303/2024 SK. MURAD ALI AND ORS VS SK. NAJRULUDDIN @ PADU AND ORS.

Mr. Sugata Mukhopadhyay ... for the Petitioners.

The petitioners pray for expeditious disposal of Misc. Case No.2 of 2020 filed in connection with Title Suit No. 9 of 2003. The proceeding is pending before the learned Civil Judge (Senior Division), Arambagh, Hooghly. It is submitted that the misc. case has been fixed for argument.

The prayer of the petitioners 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.

The revisional application is disposed of with a direction upon the learned court to dispose of the misc. case within a month from the next date fixed as the same is fixed for argument. Adequate opportunity shall be granted to the parties to contest the same. Thereafter the learned court is requested to make sincere endeavour to

dispose of the suit within a year from the date of disposal of the misc. case.

This court has not expressed any opinion on the merits of the misc. case and the suit. The learned court shall proceed independently and in accordance with law. A copy of the revisional application along with a server copy of this order be served upon the opposite parties and/or the learned advocate contesting the matter on behalf of the opposite parties in the learned court below, within a week.

The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)