Kalyan Mukherjee v. Sutapa Ghosh And ORS.

AD. 20.

July 9, 2021.

MNS.

C. O. No. 1239 of 2021 (Via video conference) Kalyan Mukherjee Vs.

Sutapa Ghosh and others Mr. Debnath Ganguly, Mr. Aranya Saha, Mr. Supriyo Duitta ... for the petitioner.

In view of the innocuous nature of the order proposed to be passed, no prior service of notice on the opposite parties is deemed necessary.

Upon hearing learned counsel for the petitioner and going through the annexures to the present application under Article 227 of the Constitution of India, it is apparent that the hearing of Title Suit No. 1482 of 2018 pending before the Judge, Tenth Bench, City Civil Court at Calcutta, is being inordinately delayed.

In such view of the matter, C. O. No. 1239 of 2021 is disposed of by requesting the Judge, Tenth Bench, City Civil Court at Calcutta, to dispose of Title Suit No. 1482 of 2018, pending in

the said court, as expeditiously as possible, along with the connected interlocutory applications, if pending, within six month from the date of communication of this order to the said court. Although the suit was already at the stage of hearing, a prolonged time-frame for disposal is given keeping in view the difficulty in functioning of the subordinate courts due to the pandemic situation.

The petitioner shall communicate this order, along with a server copy thereof, to the court below as well as to the learned advocate(s) appearing for the opposite parties in the court below at the earliest to ensure due compliance of the order.

The parties as well as the court below shall act on the written communication of the learned advocate for the petitioner, to be accompanied by a server copy of this order, without insisting upon prior production of a certified copy thereof. There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)