Jhuma Das v. Swapan Kr Deb
Sl.43 11.07.2025 Court No.6 BP C.O. 2201 of 2025 Smt. Jhuma Das -versusSri Swapan Kumar Deb & Ors.
Mr. Nandadulal Bandyopadhyay ..for the petitioner This application under Article 227 of the Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Senior Division), Second Court at Paschim Medinipur to dispose of the Title Suit No. 187 of 2019 expeditiously.
The learned advocate appearing for the petitioner submits that the preliminary decree has already been passed in the suit for partition and the final decree proceedings have commenced. The partition commissioner has already been appointed. He prays for a direction upon the learned trial judge to dispose of the suit expeditiously. In view of the order sought and proposed to be passed, there is no necessity to issue notice upon the opposite parties. However, the learned advocate appearing for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite parties or upon the learned advocates representing them before the learned trial judge.
From the ordersheets appended to this application this Court finds that repeated dates have been fixed awaiting partition commissioner's report.
C.O. 2201 of 2025 stands disposed of by requesting the learned Civil Judge (Senior Division), Second Court at Paschim Medinipur to take steps so that the partition commissioner submits his report expeditiously. The learned trial judge is requested to make an endeavour to dispose of the Title Suit No. 187 of 2019 as expeditiously as possible without granting any unnecessary adjournments to either of the parties keeping in mind that the suit is pending from the year 2019.
There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Hiranmay Bhattacharyya, J.)