Kalpana Mullick & ORS v. Nirupama Talukdar & ORS

24.01.2024 Srimanta Sl. No. 21 Ct. No. 655 CO/2125/2015 Kalpana Mullick & Ors.

-Vs.- Nirupama Talukdar & Ors.

Both the parties are not represented.

The instant application is filed at the behest of the petitioners under Article 227 of the Constitution of India with a prayer for expeditious disposal of Title Suit being no. 62/2013 pending before the learned 1st Court of Civil Judge (Junior Division) at Sealdah, South 24Parganas. It appears from the materials-on-record that these petitioners as plaintiffs have filed a suit before the Trial Court against the defendants praying for declaration and eviction of trespasser and other consequential relief. After getting notice defendants entered their appearance in that suit but till the filing of this revisional application issues were not framed by this Court. Thereafter an application was taken out by one Prasanta Paul under Order 1 Rule 10(2) of the Code of Civil Procedure and the case was adjourned from time to time.

Although parties to this revisional application are not present before this Court today but I feel for the ends of justice a direction is to be passed upon the learned Trial Court before which Title Suit being No. 62/2013 is pending.

The learned Trial Court is hereby directed to dispose of the Title Suit being no. 62/2013 expeditiously without granting unnecessary

adjournments to either of the parties within six months from the date of communication of this order. Learned Trial Court is also further directed to dispose of the application filed under Order 1 Rule 10(2) of the Civil Procedure Code if it has already not been disposed of/decided.

Let a copy of this order is sent down to the learned Trial Court for information and compliance. Accordingly, the revisional application being CO/2125/2015 is hereby disposed of.

(Prasenjit Biswas, J.)