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Calcutta High CourtCO/1909/2022disposed

Kishore Mishra v. Sanjoy Mishra And ORS

2022-08-31Hon'Ble Justice Subhasis Dasgupta2 pages

31.08.2022 Item No.256ML Ct. No.7 CHC (disposed of) C.O.1909 of 2022 Sri Kishor Mishra Vs.

Sri Sanjoy Mishra & ors.

Mr. Amarnath Sukul ...for the petitioner A direction to secure expeditious disposal of a Partition Suit being Title Suit No.28 of 2012, pending before the learned Civil Judge (Senior Division), 2nd Court, Paschim Medinipur, is the ultimate relief sought for in this case.

Admittedly, petitioner is the plaintiff.

The only contention expressed by the petitioner/plaintiff is against the delay caused in the disposal of the Partition Suit.

As per submission of learned advocate for the petitioner, the suit has already been set for collection of the evidence, and the next date is fixed for evidence of D.W.1.

No other point is raised requiring address by this Court.

In view of the nature of order proposed to be made in this case, no prior notice is considered to be necessary.

Service upon the opposite parties stands dispensed with.

Accordingly, learned Civil Judge (Senior Division), 2nd Court, Paschim Medinipur, in Title Suit No.28 of 2012, previously, Title Suit No.344 of 2000, and thereafter, Title Suit No.19 of 2006 is requested to ensure expeditious disposal of above referred Title Suit, preferably within one year, providing sufficient opportunity of hearing to either of the parties to this case, but without granting any unnecessary adjournment, unless it is extremely unavoidable. With this observation/direction, the revisional application stands disposed of.

Petitioner is directed to make communication of this order to the learned court below as well as to the opposite parties and their learned advocate in the court below.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)