Dulal Chandra Ghosh And ORS v. Prasanta Kurnar Ghosh And ORS

31.10.

C.O. 2135 of 2022 AGM RKB Ct Sri Dulal Chandra Ghosh & Ors Vs Sri Prasanta Kurnar Ghosh & Ors Mr. Tarasankar Bhattacharjee, Mr. Falguni Bandopadhyay, ... For the petitioners.

A direction to secure expeditious disposal of a partition suit being Title Suit No. 39 of 1977 pending before the learned Judge, learned Civil Judge (Junior Division), 6th Court, Howrah, is the ultimate relief sought for in this case.

As per submission disclosed by the petitioners, the above referred partition suit already ended in a preliminary decree, and the appeal preferred thereafter has already been dismissed.

Learned partition commissioner has already submitted his report, but the final decree has not been prepared resulting in prejudice to the valid shareholders.

No other point is raised requiring address by this Court.

In view of the nature of the order proposed to be made in the case, no prior notice is considered to be necessary.

Service upon the opposite parties is thus dispensed with.

Accordingly, learned Judge, learned Civil Judge (Junior Division), 6th Court, Howrah, in Title Suit No. 39 of 1977 is requested to ensure expeditious completion of drawal of final decree, if there be any still left pending, after adhering to the provisions of law.

While endeavouring such exercise, the year of institution of the partition suit may be taken into account, and the steps necessary for drawal of the final decree may be completed before the end of March 2023.

Petitioners are directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties and the opposite parties. With this observation and direction, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)