Jagat Krishna Devnagar @ Mantu Mandal v. Himangshu Kumar Sarkar

AGM 11.08.

/ RKB Ct C.O. 1755 of 2022 Jagat Krishna Devnagar @ Mantu Mandal Vs Himangshu Kumar Sarkar.

Mr. Mujibar Ali Naskar, Ms. Piyali Pal ... For the petitioner.

A direction to secure expeditious disposal of Title Suit No. 116 of 2001, pending before the learned Civil Judge (Senior Division), 1st Court, Malda is the ultimate relief sought for in this case.

As per submission disclosed by the learned advocate for the petitioner, the petitioner/defendant has been suffering injunction order since 2001. The only contention expressed by the learned advocate for the petitioner is against the delay caused in the disposal of suit.

No other point is raised requiring address by this Court.

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, the learned Civil Judge (Senior Division), 1st Court, Malda, in Title Suit No. 116 of 2001 is requested to ensure expeditious disposal of

pending Title Suit, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable.

While endeavouring such exercise, the crossexamination of learned advocate Commissioner may be concluded within 4 weeks from the date of communication of this order, and after the evidence of learned advocate Commissioner, the other witnesses still left unexamined for the parties, may be concluded preferably within a period of six months from the date of communication of this order, so as to dispense with justice in an expeditious manner. Petitioner is 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)