Ganesh Chandra Patra v. Satipada Nandi And ORS

June 16, 2023 Sl. No.135 Court No.19 s.biswas CO 1599 of 2023 Ganesh Chandra Patra vs.

Sastipada Nandi and another Mr. Saumyen Datta Mr. Tapas Sigha Roy ... for the petitioner The plaintiff is the petitioner in Title Suit No.452 of 2021, which is pending before the learned Civil Judge (Junior Division), 1st Court, Barasat, North 24 Parganas. The petitioner seeks expeditious disposal of the pending applications as also the title suit.

It is submitted that the written statement has not yet been filed by the defendants and the application filed by the defendants for removal of the suit from the ex parte board, is still pending. Two further applications, one for injunction and the other for police help are also pending for final disposal. This court has not gone into the merits of the pending applications. This court has also not expressed any opinion with regard to the merits of the application filed by the defendants with regard to the removal of the suit from the ex parte board. This court is of the view that all the parties will be benefited if the pending applications are disposed of expeditiously. Hence, service of notice of the

revisional application upon the opposite party at this stage, is not required.

Thus, the revisional application is disposed of with direction upon learned Civil Judge (Junior Division), 1st Court, Barasat to dispose of the pending applications which have been filed by the respective parties in connection with the said suit, independently and in accordance with law. All such applications shall be disposed of as per the seriality which the learned court deems fit and proper, within a period of three months from the next date fixed. Thereafter, the learned court below shall make an endeavour to ensure that the suit proceeds in an expeditious manner and is concluded within a reasonable time.

Let a copy of this revisional application along with the server copy of this order be served upon the opposite parties.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)