Bholanath Ruidas And ANR v. Mathor Chandra Ruidas

AGM 17.08.

/ RKB Ct C.O. 1745 of 2022 Bholanath Ruidas & anr Vs Mathor Chandra Ruidas Mr. Abhilash Chatterjee, Mr. Nilanjan Bhattacharya, ... For the petitioners.

A direction to secure expeditious disposal of Title Suit No. 84 of 2012 pending before learned Civil Judge (Senior Division), 3rd Court, Howrah, is the ultimate relief sought for in this case.

The only contention expressed by the learned advocate for the petitioner is against the delay caused in the disposal of suit.

As per submission disclosed by the petitioner, there is an interlocutory application under Order 26 Rule 10A of the Code of Civil Procedure pending before the Court below, and besides this, there is no other interlocutory application pending in the Court below.

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 party.

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

Accordingly, learned Civil Judge (Senior Division), 3rd Court, Howrah, in Title Suit No 84 of

2012 is requested to ensure expeditious disposal of suit referred hereinabove, after causing disposal of interlocutory application under Order 26 Rule 10A of the CPC, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable.

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 party and the opposite party.

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)