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Calcutta High CourtCO/1362/2023disposed

Shamsul Haque Molla And ORS v. Sk Hakim Ali And ORS

2023-07-24Hon'Ble Justice Shampa Sarkar2 pages

24.07.2023 Sl. No.131(DL) srm C.O. No. 1362 of 2023 Shamsul Haque Molla & Ors.

Versus

Sk. Hakim Ali & Ors.

Mr. Shahan Shah, Mr. Soumen Barman ...for the Petitioners.

The petitioners are the defendants in Title Suit No.3408 of 2010, which is pending before the learned Civil Judge (Junior Division), 3rd Court at Alipore, South 24-Parganas. The petitioners pray for expeditious disposal of the said suit. It is submitted that no applications are pending. That misc. appeal preferred before the learned District Judge has also been disposed of. It is further submitted that issues have been framed in 2016.

Considering the age of the suit and the submission of the learned Advocate for the petitioners, the Court finds that the prayer for expeditious disposal is reasonable. There is no impediment on the part of the learned court below to conclude the suit.

An order of expeditious disposal of any litigation enures to the benefit of all the parties and hence prior service of this

revisional application upon the opposite parties is not required. The prayer is innocuous.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court below dispose of the suit within a period of six months from the next date fixed, strictly in accordance with law and independently, upon giving opportunity to the parties to contest the suit. Unnecessary adjournments shall not be granted to any of the parties.

This Court has not gone into the merits of the suit. A copy of the revisional application along with a server copy of this order, be served upon the learned Advocate for the opposite parties in the learned court below 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.)