Golam Mustafa Since Deceased Rep By Golam Masud And ORS v. Habibur Rahaman And ORS

sandip Ct. 19 12.06.2024 In The High Court At Calcutta Civil Revisional Jurisdiction (Appellate Side) C.O. No. 1926 of 2024 Golam Mustafa (since deceased) being represented by his legal heirs - Golam Masud & Ors.

Vs.

Habibur Rahaman & Ors.

Mr. Jayanta Samanta, Mr. Md. Ashraful Haque, Mrs. Karunamoyee Samanta, Mr. Dip Jyoti Chakraborty, Mr. Rajdeep Adhikary ... For the petitioners. The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties, as such, service of notice of the present application upon the said opposite parties is dispensed with.

The instant revisional application under Article 227 of the Constitution of India is at the instance of the plaintiffs in a suit for declaration of title and injunction being Title Suit No. 178 of 2013 pending before the Court of the learned Civil Judge, (Junior Division) at Lalbagh, District - Murshidabad. The petitioners are complaining delay in disposal of the said suit and are praying a direction upon the learned Trial Judge for expeditious disposal of it.

Certified copies of the orders passed in the said suit have been annexed with the revisional application. It appears from the said orders that witness action in the suit has started and the learned Trial Judge has fixed June 26, 2024 for further cross-examination of the PW/1.

The suit is pending for more than 10 years, though the intervention of Covid - 19 pandemic has consumed substantial judicial time of the Courts but pendency of a suit for such a long time obliges the Court to make an endeavour to bring the suit to a logical conclusion without any further delay. The learned Trial Judge therefore is requested to expedite the disposal of the suit and in doing so, shall not grant any unnecessary adjournment to either of the parties. C.O. 1926 of 2024 is disposed of with the above terms without any order as to costs.

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

(Biswajit Basu, J.)