Dr. Amit Roy v. Susanta Loadh

Item No.9 02.05.2024 Court. No. 19 GB C.O. 1458 of 2024 Dr. Amit Roy Vs.

Sri Susanta Loadh Mr. Amitabha Ghosh ... for the Petitioner.

By this application, the petitioner seeks expeditious disposal of an application for repairing his chambers. The same has been filed in connection with Title Suit No.858 of 2015. The proceedings are pending before the learned Civil Judge (Junior Division), 1st Court at Barasat. It is submitted that the said application was filed in 2022 and several adjournments have been taken by the defendants.

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 party.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court to make a sincere endeavour to dispose of the application 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 application. The learned court shall proceed independently and in accordance with law.

The petitioner is directed to serve a copy of this revisional application along with a server copy of this order upon the opposite party as also upon the learned advocate appearing on behalf of the opposite party in the learned court. 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.)