M/S Amibition Dealcom Pvt. Ltd. v. Smt. Mina Nandy And ORS

Item No. 76 18.07.2023 Court. No. 19 GB C.O. 1874 of 2023 M/s. Ambition Dealcom Pvt. Ltd.

Vs.

Smt. Mina Nandy & Ors.

Mr. Kartick Kr. Bhattacharyya, Ms. Soumashree Dutta ... for the Petitioner.

The petitioner is the plaintiff in Title Suit No.457 of 2018, which is pending before the learned Civil Judge (Senior Division), 3rd Court at Howah. The petitioner prays for expeditious disposal of the title suit.

It is submitted that an application for injunction is pending since long.

Considering the age of the suit, this Court is of the view that the prayer of the petitioner is reasonable. This Court has neither expressed any opinion on the merits of the suit nor on the merits of the application. An order of expeditious disposal enures to the benefit of all the parties and hence this revisional application need not be served upon the opposite parties before its disposal. The prayer is innocuous.

Under such circumstances, this Court directs the learned Civil Judge (Senior Division), 3rd Court at Howah to dispose of the pending application within a period of three months from the next date fixed, upon giving adequate opportunity to the opposite parties to contest the proceedings.

Upon disposal of the aforementioned

application, the suit shall be disposed of within the following year.

The learned court below shall proceed in accordance with law and independently, without granting unnecessary adjournments to either of the parties.

Accordingly, the revisional application is disposed of. Petitioner is directed to serve a copy of the revisional application upon the opposite parties, along with the server copy of this order.

However, there will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)