Gour Kanti Sen v. Anuradha Mitra And ORS.

S/L 4 24.6.2024 Court No.19 SD

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO 2025 of 2024 Gour Kanti Sen Vs.

Anuradha Mitra & Ors.

Mr. Aritra Basu Mr. Ritoban Sarkar Mr. Avishek Das ... for the Petitioner.

This revisional application is defective.

Leave is granted to the learned advocate for the petitioner to correct the cause title.

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 defendant no.2 in a partition suit being Title Suit No.2013 of 2015 pending before the 4th Court of learned Civil Judge (Senior Division) at Alipore, District 24 Parganas (South) is the petitioner in the instant application.

The petitioner in the said suit has filed an application alleging that since the shares of the parties are admitted, a preliminary decree of partition be passed. The petitioner is complaining delay in disposal of the said application and is praying a direction for expeditious disposal of it.

The suit is pending since 2015, in the event the shares of the parties are found to be admitted as claimed by the petitioner, a preliminary decree declaring such share of the parties can be passed to shorten the disposal of the suit.

The learned Trial Judge therefore is requested to dispose of the said application expeditiously, and in doing so, shall not grant any unnecessary adjournment to the parties.

CO 2025 of 2024 is disposed of with the above terms without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

(Biswajit Basu, J.)