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Calcutta High CourtCO/1472/2024disposed

Gurudas Das And ANR v. State Of West Bengal And ORS.

2024-05-02Hon'Ble Justice Shampa Sarkar2 pages

Item No.10 02.05.2024 Court. No. 19 GB C.O. 1472 of 2024 Gurudas Das & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Kaushik Choudhury ... for the Petitioners.

By this application, the petitioners seek expeditious disposal of Title Suit No.1091 of 2018, which is pending before the learned Civil Judge (Senior Division), 3rd Court at Barasat. This is a partition suit.

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

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 suit within a period of two years 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 suit. The learned court shall proceed independently and in accordance with law.

The petitioners are directed to serve a copy of this revisional application along with a server copy of this order upon the opposite parties as also upon the learned advocate

appearing on behalf of the opposite parties 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.)