Tapash Shaw v. Pannalal Shaw And ORS

05.12.2025 SL No.87 Court No.6 (gc) CO 1815 of 2025 Tapash Shaw Vs.

Pannalal Shaw & Ors.

Mr. Subhayan Barik ...for the Petitioner.

1.

The petitioner prays for expeditious disposal of O.S. Case No.62 of 2015 arising out of Misc. Case (Probate) No.16 of 2015, which is pending before the learned Additional District Judge, 5th Court at Barasat, 24 Parganas North. It is submitted that an interlocutory application is also pending. 2.

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.

3.

This revisional application is disposed of by requesting the learned Trial Judge to dispose of the pending application within three months from the next date fixed and thereafter the learned Trial Judge shall proceed with the suit upon giving adequate opportunity to all the contesting parties, but without granting any unnecessary adjournment to either of the parties, strictly in

accordance with law preferably within eight months from the date of disposal of the pending application.

4.

This court has not expressed any opinion either on the merits of the suit or on the merits of the application. The learned court shall proceed independently and in accordance with law.

5.

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, within a week. 6.

Affidavit-of-service to be filed before the Court below.

7.

The revisional application is accordingly disposed of. There shall be no order as to costs.

8.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)