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Calcutta High CourtCO/1733/2023disposed

Kanika Roy v. Parima Chandra Ghosh

2023-06-14Hon'Ble Justice Shampa Sarkar2 pages

14.06.2023 Sl. No.26(DL) srm C.O. No. 1733 of 2023 Kanika Roy

Versus

Parimal Chandra Ghosh Mr. Pradyumna Sinha, Mr. Sunnidya Datta ...for the Petitioner.

The petitioner is the defendant in Title Suit No.580 of 2013 pending before the learned Civil Judge (Junior Division), 1st Court at Barasat. The petitioner prays for expeditious disposal of the title suit which is pending since 2013. It appears from the records that an application for amendment of the plaint has also been filed by the plaintiff/opposite party, which is yet to be disposed of. The suit is dragging since 2013 and the same is at the stage of evidence.

The learned Civil Judge (Junior Division), 1st Court at Barasat, is directed to adjudicate the suit including pending applications, if any, within a period of one year from the next date fixed.

As direction for expeditious disposal will enure to the benefit of all the parties, prior service of notice upon the

opposite party before disposal of the revisional application, is not necessary.

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

A copy of the revisional application along with a server copy of this order be served upon the opposite party/plaintiff within a week from date.

The revisional application is disposed of.

There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)