Malay Sau And ORS v. Braja Gopal Hazra

08.10.

AGM Ct C.O. 1396 of 2021 Malau Sau & Ors

Versus

Brajogopal Hazra (Via Video conference) Mr. Sk Toslim Ali, ... For the Petitioners.

Having considered the submission of the learned advocate for the petitioners seeking expeditious disposal of an application under section 151 of the Code of Civil Procedure challenging the maintainability of L.R. Misc. Case, the Court is of the view that no prior notice is necessary upon the opposite party, in view of the nature of the order proposed to be obtained in this case.

The application under Section 151 of the Code of Civil Procedure challenging the maintainability of L. R. Misc. Case was filed on 16th April, 2021 and since then it is kept pending.

Accordingly, service upon the opposite party stands dispensed with.

The learned Court below is directed to ensure expeditious disposal of the pending 151 application filed on 16th April, 2021 by the petitioner, providing sufficient opportunities of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable.

The petitioner is directed to communicate this order to the opposite party and his learned advocate appearing in the Court below, apart from making independent communication to the learned Court below.

With these directions and observations the revisional application stands disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the appearing parties as expeditiously as possible on compliance of all necessary formalities.

(Subhasis Dasgupta, J)