Latika Biswas v. Ranjan Biswas And ORS

D/L- 21 19/06/2025 Ct. No.-6 Aritra C.O. 2092 of 2025 Smt. Latika Biswas Vs.

Sri Ranjan Biswas & Ors.

Mr. Bitan Das Ms. Saumi Sarkar ...for the petitioner This application under Article of the Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Sr. Div.), 1st Court at Barasat to dispose of the Title Suit No.625 of 2009 expeditiously.

The learned advocate appearing for the petitioner submits that the suit is a suit for partition. The preliminary decree was passed sometimes in the year 2015. The Partition Commissioner was appointed and repeated dates have been fixed for submission of the report by the Partition Commissioner. The learned advocate for the petitioner further submits that a coordinate Bench by an order dated August 9, 2017 in C.O. No.2538 of 2017 passed an order for expeditious hearing of the suit.

In view of the order sought and proposed to be passed there is no necessity to direct issuance of any notice upon the opposite party. However, the learned advocate for the petitioner shall be obliged to forward a copy of this application along with this order upon the

opposite party or the learned advocate representing the opposite party before the learned trial judge. Record reveals that a co-ordinate Bench by an order dated August 9, 2017 in C.O. No.2538 of 2017 requested the learned Civil Judge (Sr. Div.), 1st Court at Barasat to dispose of the application for appointment of a Partition Commissioner within reasonable time of the next adjourned date and to ensure that the partition suit is concluded as expeditiously as the business of that court would permit without affording any adjournment to the parties.

From the order sheets appended to this application, this Court finds that repeated dates have been fixed for submission of the report by the Partition Commissioner. In the light of the submissions made by the learned advocate for the petitioner, CO 2092 of 2025 stands disposed of by requesting the learned Civil Judge (Sr. Div.), 1st Court at Barasat to ensure that the Partition Commissioner submits the report expeditiously. The learned trial judge is requested to make an endeavour to see that the partition suit is disposed of as expeditiously as possible as the business of that court would permit without affording any unnecessary adjournments to either of the parties.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Hiranmay Bhattacharyya, J.)