Paromita Mondal v. Sanjib Bhattacharya And ORS

14.07.2022 Item No. 31 Court No.18 AJ.

C.O. 1958 of 2022 Smt. Paramita Mondal nee Majumder -Vs- Sanjib Bhattacharya & Ors.

Mr. Ardhendu Nag.

... for the petitioner.

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 in a suit for declaration being Title Suit No. 40 of 2016 pending before the 1st Court of the learned Civil Judge (Junior Division), Barasat, District 24-Parganas (North) is the petitioner and is complaining inordinate delay in disposal of an application under Order VII Rule 11 of the Code of Civil Procedure filed by him on February 27, 2017.

The petitioner is praying for a direction upon the learned Trial Judge for expeditious disposal of the said application.

The nature of application demands expeditious disposal of it.

The learned Trial Judge is, therefore, requested to dispose of the said application as

expeditiously as possible, preferably within two available effective working months of the said Court from the date of communication of this order and in doing so shall not grant any unnecessary adjournment to either of the parties. The petitioner is required to communicate this order to the plaintiffs/opposite parties as well as their learned advocate in the Court below within a week from date.

C.O. 1958 of 2022 is, thus, disposed of without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)