Lusi Samanta And ORS v. Bhusan Chandra Khanra And ORS

(32) 22.11.2021 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION (Via Video Conference) CO No. 1863 of 2021 Smt. Lusi Samanta & ors.

-versus- Sri Amal Kumar Khanra & ors.

Mr. Anup Mukhopadhyay, ... for the petitioners.

The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause of any prejudice to the opposite parties, as such, service of notice of the present revisional application upon the said opposite parties is dispensed with. The defendant nos. 1(1) to 1(d) in a suit for partition being Title Suit No. 55 of 2009 pending before the 3rd Court of learned Civil Judge (Senior Division), Paschim Medinipur are the petitioners of the present application under Article 227 of the Constitution of India.

The suit was decreed in preliminary form on March 29, 2018.

Learned advocate for the petitioners submits that his clients have filed an application for drawing up final decree on the basis of the said preliminary decree but the said application has not yet been disposed of, he prays for a direction upon the learned Trial Judge for expeditious disposal of the said application.

The preliminary decree since was passed in the year 2018, the suit must be proceeded with for final decree.

The learned Trial Judge is therefore requested to dispose of the said application for drawing up final decree expeditiously preferably within a period of three effective available working weeks of the Court below from the date of communication of this order and in doing so shall not grant any unnecessary adjournment to either of the parties. The petitioners to communicate this order to the opposite parties within a week from date.

CO 1863 of 2021 is disposed of with the above terms without any order as to costs.

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

(Biswajit Basu, J.)