Nemai Mondal v. Sadhan Kumar Mondal And ORS

20.07.2023 Sl. No.107(DL) srm C.O. No. 2119 of 2023 Nemai Mondal

Versus

Sadhan Kumar Mondal & Ors.

Mr. Lakshminath Bhattacharya ...for the Petitioner.

The defendant No.6 in Title Suit No.375 of 2012 has filed this application, seeking expeditious disposal of the pending applications as also the title suit, which are pending before the learned Civil Judge (Senior Division), at Diamond Harbour, South 24-Parganas.

It is submitted that an application for amendment of the plaint and an application for local inspection are pending. Considering the age of the suit, the prayer is justified. An order of expeditious disposal of any litigation enures to the benefit of all the parties and hence prior service of this revisional application upon the opposite parties is not required. The prayer is innocuous.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court below to dispose of the applications within a period of three months

from the next date fixed, strictly in accordance with law and independently, upon giving opportunity to the parties to contest the applications and to file written objection, if not already filed. Thereafter, the court shall proceed with the hearing of the suit and dispose of the same within a period of one year from the date of disposal of the applications. Unnecessary adjournments shall not be granted to any of the parties.

This Court has neither gone into the merits of the suit nor into the merits of applications.

A copy of the revisional application along with a server copy of this order be served upon the opposite parties within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)