Narayan Chandra Ghosh v. Satya Hari Sarkar

02.09.

C.O. 1918 of 2022 ML AGM Ct Sri Narayan Chandra Ghosh Vs Sri Satya Hari Sarkar.

Mr. Debasis Kar, Mr. Subhojit Chowdhury, ... For the petitioner.

A direction to secure expeditious disposal of Title Suit No. 502 of 2012 pending before the learned Civil (Senior Division), 1st Court, Barasat, is the ultimate relief sought for in this case.

Upon adverting to a photocopy of the order passed in C.O. 1859 of 2018, produced today in Court, learned advocate appearing for the petitioner submits that direction contained therein has not been complied with by the Court below reaching a logical conclusion of the suit property in the mean time.

It is submitted by the petitioner that subsequent to the order passed in C.O. 1859 of 2018, there has been an engineering commission allowed on the prayer of the defendants, and the engineer commission has not yet furnished his report resulting in protraction of trial of this case. The only contention expressed by the learned advocate for the petitioner is against the delay caused in the disposal of suit.

No other point is raised requiring address by this Court.

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

Service of notice of this application upon opposite party stands dispensed with.

Accordingly, the learned Civil Judge (Senior Division), 1st Court, Barasat in Title Suit No. 502 of 2012 is requested to ensure expeditious collection of report of the engineering commission, and then proceed with the acceptance of the same, if any, in accordance with law, providing sufficient opportunity of hearing to either of the parties to this case, preferably within a period of twelve weeks from the date of communication of this order.

After the acceptance of the engineering commission report, if any, in accordance with the law, the Court below may proceed with the disposal of the suit in an expeditious way, bearing in mind the purport of the message contained in C.O. 1859 of 2018.

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

With this observation and direction, the

revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)