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Calcutta High CourtCO/1492/2022disposed

Ranajit Hazra And ORS v. Laxmi Hazra And ORS

2022-07-01Hon'Ble Justice Subhasis Dasgupta2 pages

AG M/R 01.07.

C.O. 1492 of 2022 KB Ct Ranajit Hazra & Ors.

Vs Laxmi Hazra & Ors.

Mr. Manas Kumar Das, ... For the petitioners.

A direction to secure expeditious disposal of a partition Suit being Title Suit No. 160 of 2016 pending before the learned Civil Judge (Senior Division), Katwa, Purba Bardhaman, is the ultimate relief sought for in this case.

The only contention expressed by the learned advocate for the petitioners is that the pending suit is getting delayed for the non-submission of amended copy of written statement by the opposite parties/defendants.

No other point is raised requiring address by this Court.

In view of the nature of the order proposed to be made in this case, no prior notice is considered to be necessary upon the opposite parties.

Service of notice of this application upon opposite parties stands dispensed with.

Accordingly, the learned Civil Judge (Senior Division), Katwa, Purba Bardhaman in Title Suit No.

160 of 2016 is requested to ensure expeditious disposal of pending partition suit referred hereinabove, after collection of amended copy of written statement from defendants, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable.

While endeavouring such exercise, interlocutory applications, if there be any pending, must also be disposed of.

It is however clarified that in the event of non submission of the amended copy of the written statement on the date scheduled by the Court or on the the adjourned date, the Court below may proceed with the suit in accordance with law.

Petitioners are directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties and the opposite parties. With this observation and direction, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)