Sarmistha Bhattacharjee v. Asima Ray And ORS

46. 09.12.2021 AKG Ct. No.21 C.O. 1774 of 2021 Smt. Sarmistha Bhattacharjee -VersusSmt. Asima Ray & Ors.

(Through Video Conference) Mr. Chittapriya Ghosh Ms. Priyanka Saha ...for the Petitioner Learned advocate appearing for the petitioner files affidavit of service along with postal receipts and track reports showing due service.

By filling the present application under Article 227 of the Constitution, the petitioner has alleged by granting adjournment mechanically the learned Court below is not making any endeavor to dispose of Title Suit No. 244 of 2008 and therefore, prays for passing necessary direction to the Civil Judge (Senior Division), 9th Court, Aliproe, for expeditious disposal of Title Suit No. 244 of 2008.

Since the petitioner has prayed for expeditious disposal of Title Suit No. 244 of 2008, there is no possibility of causing any prejudice to the opposite parties.

Further having regard to the nature of relief claimed, I see no reason to put the opposite parties on notice. Service of notice on the opposite parties is dispensed with.

Accordingly, C.O. No1774 of 2021 is hereby disposed of with a request to the learned Civil Judge (Senior Division), 9th Court, Aliproe, to expedite the hearing/ trial of the Title Suit No. 244 of 2008 and dispose of the case expeditiously, and in any event, within a period of six months from the date of receipt of this order as the case is pending for last Thirteen Years and without granting any further adjournment to any of the parties without reasonable ground.

There will be no order as to costs.

Urgent Photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Kesang Doma Bhutia, J.)