Enamul Sarkar And ORS v. Abdul Latif Sarkar And ORS

AGM 11.08.

/ RKB Ct C.O. 1764 of 2022 Enamul Sarkar & Ors Vs Abdul Latif Sarkar & Ors.

Mr. Samiran Giri, ... For the petitioners.

The only contention raised in this case is that though the partition suit granting preliminary decree was made in the year 2017, followed by appointment of the learned Partition Commissioner, but till date the learned Partition Commissioner has not yet submitted report resulting in protraction to the drawal of the final decree.

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 parties.

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

Accordingly, learned Civil Judge (Senior Division) Balurghat, in Partition Suit No. 83 of 2011 is requested to ensure expeditious collection of learned Partition Commissioner's report, after completion of the commission work, without granting unnecessary adjournments, unless it is extremely

unavoidable.

While endeavouring such exercise, learned Court below to see that the commission work, if not concluded in the meantime, be concluded, preferably within a period of three months from the date of communication of this order, followed by submission of the commissioner's report in the Court thereafter. 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 parties and the opposite parties. 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)