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Calcutta High CourtCO/1423/2024disposed

Sanjay Sood v. Mridu Sood And ORS.

2024-04-29Hon'Ble Justice Shampa Sarkar2 pages

Item No.15 29.04.2024 Court. No. 19 GB C.O. 1423 of 2024 Sanjay Sood Vs.

Mridu Sood & Ors.

Mr. Ranjan Bachawat, Mr. Satyaki Mukherjee, Mr. Steven S. Biswas ... for the Petitioner.

By this application, the petitioner seeks expeditious disposal of an application under Order 39 Rules 1 and 2, read with Section 151 of the Code of Civil Procedure. The application has been filed in connection with Title Suit No.813 of 2003. The proceedings are pending before the learned Civil Judge (Senior Division), 7th Court at Alipore, District - 24 Parganas (South).

Considering the submissions, this Court is of the view that the prayer of the petitioner 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.

As the petitioner has already filed an objection, this Court is of the view that the application should be disposed of expeditiously, preferably within a period of two months from the next date fixed. Adequate opportunity shall be given to the parties to contest the same.

This court has not expressed any opinion on the merits of the applications. 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.

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.)