Maya Rani Halder v. Mrityunjoy Kayal And ORS

10.03.2022 Ct. 21 D/L 59 ab C.O. 1742 of 2021 Maya Rani Halder -VsMrityunjoy Kayal & Ors.

Mr. Mrinal Kanti Sardar, ... for the petitioner Mr. Mrimal Kanti Sardar, learned advocate appears for the petitioner.

The learned advocate for the petitioner files affidavit of service along with the postal receipts and track report showing due service on the opposite parties.

None appears from the side of the opposite parties.

The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of all the pending interlocutory applications in connection with Title Suit No. 132 of 1996 as well as the suit itself, pending before the learned Civil Judge (Senior Division), Diamond Harbour, South 24 Parganas.

The learned advocate for the petitioner submits that the learned Court below has been granting unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioner.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of

the interlocutory applications, it is not likely to cause any prejudice to the interest of the opposite parties. The learned Civil Judge (Senior Division), Diamond Harbour, South 24 Parganas, is requested to dispose of all the pending interlocutory applications in connection with Title Suit No. 132 of 1996, as expeditiously as possible and in any event, within a period of three months from the date of communication of this order, without granting any adjournment whatsoever to any of the parties.

The learned Court below is further requested, after disposal of the interlocutory applications, to make an endeavour to dispose of the suit being Title Suit No. 132 of 1996, as expeditiously as possible and in any event, within a period of one year threafter, without granting any adjournment whatsoever to any of the parties, as the suit is pending since 1996.

Accordingly, the revisional application being C.O. 1742 of 2021 is disposed of.

There shall be no order as to costs.

Parties are 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 given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)