Sunu Chanda v. Aparna Bhadra And ORS

Item No. 90 19.07.2023 Court. No. 19 GB C.O. 2322 of 2023 Sunu Chanda Vs.

Smt. Aparna Bhadra & Ors.

Mr. Lakshminath Bhattacharya ... for the Petitioner.

The petitioner, being the executor of a will, prays for expeditious disposal of the Other Suit No.41 of 2015. The suit for grant of probate had become contentious. The suit is pending before the learned Additional District Judge, 7th Court at Barasat.

The petitioner submits that the suit is at the stage of cross-examination of P.W.1.

Considering the age of the suit, this Court is of the view that the prayer of the petitioner is reasonable. This Court has not expressed any opinion on the merits of the suit. An order of expeditious disposal enures to the benefit of all the parties and hence this revisional application need not be served upon the opposite parties before its disposal. The prayer is innocuous. Under such circumstances, this Court directs the learned Additional District Judge, 7th Court at Barasat to dispose of the Other Suit No.41 of 2015 within a period of six months from the next date fixed, upon giving adequate opportunity to the opposite parties to contest the suit.

The learned court below shall proceed in accordance with law and independently, without granting unnecessary adjournments to either of the parties.

Accordingly, the revisional application is disposed of. Petitioner is directed to serve a copy of the revisional application upon the opposite parties, along with the server copy of this order.

However, there will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)