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Calcutta High CourtCO/1780/2021disposed

Rabindranath Pahari And ORS v. Sanjib Kumar Singh ANR ORS

2021-10-04Hon'Ble Justice Biswajit Basu2 pages

sandip Ct. 18 04.10.2021 C.O. No. 1780 of 2021 (Via Video Conference) Sri Rabindra Nath Pahari & Ors.

Vs.

Sri Sanjit Kumar Singh & Ors.

Md. Ashraf Ali, Ms. Sabnam Laskar ... For the petitioners. 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 petitioners are the plaintiffs of Title Suit No. 41 of 2021 pending before the learned Civil Judge, (Junior Division)at Kharagpur, District - Paschim Medinipur.

The petitioners are praying a direction upon the learned Trial Judge for expeditious disposal of the application filed by them under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure in the said suit. It appears from the record that the said application was filed only on March 22, 2021, as such, the direction for disposal of the said application within a specific time at this stage is not warranted; that apart, it further appears from the record that an application

under Section 10 of the Code filed by the defendants is also pending.

C.O. 1780 of 2021 is disposed of with a request to the learned Trial Judge to dispose of the said applications expeditiously without granting any unnecessary adjournment to either of the parties. There shall be no 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.)