Sabya Sachi Bandopadhyay v. Phalguni Bandopadhyay And ORS

Item No. 49 13.07.2023 Court. No. 19 GB C.O. 1314 of 2023 Sri Sabya Sachi Bandopadhyay Vs.

Sri Phalguni Bandopadhyay & Ors.

Mr. Neil Basu, Mr. Sougata Banerjee ... for the Petitioner.

The petitioner prays for expeditious disposal of the Title Suit No.267 of 2002, which is pending before the learned Civil Judge (Junior Division) at Uluberia, Howrah. It is submitted that an interlocutory application is also pending since 2017.

Considering the age of the suit, this Court is of the view that the prayer of the petitioner is reasonable. This Court has neither expressed any opinion on the merits of the suit nor on the merits of the application. An order of expeditious disposal enures to the benefit of all the parties and hence this revisional application need not be served upon the opposite parties before its disposal. The prayer is innocuous.

Under such circumstances, this Court directs the learned Civil Judge (Junior Division) at Uluberia, Howrah to dispose of the applications within a period of two months from the next date fixed, upon giving one last chance to the contesting opposite parties to file their written objections, if not already filed. After disposal of the application, the suit

shall be disposed of within a year, upon giving adequate opportunity to the opposite parties to contest the suit. The learned court below shall proceed in accordance with law and independently, without granting unnecessary adjournments to either of the parties.

Accordingly, the revisional application is disposed of. Petitioner is directed to serve a copy of the revisional application upon the opposite parties, along with the server copy of this order.

However, there will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)