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Calcutta High CourtCO/1909/2021disposed

Subir Sen v. Gopal Malik

2021-12-15Hon'Ble Justice Kesang Doma Bhutia2 pages

15.12.2021 Ct. 21 D/L 26 ab C.O. 1909 of 2021 (Via Video Conference) Subir Sen -VsGopal Malik Mr. Anil Kumar Chattopadhyay, ... for the petitioner Mr. Anil Kumar Chattopadhyay, learned advocate for the petitioner is present.

Record shows that the notice of this application has not been served on the opposite party.

The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the Title Suit No. 495 of 2016, pending before the learned Civil Judge (Junior Division), 2nd Court, Chinsurah, Hooghly.

The learned advocate for the petitioner submits that the learned Court below has been granting unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioner.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the title suit, I do not find any need to serve notice of the present application on the opposite party and it is not likely to cause any prejudice to the interest of the opposite party. Therefore, service of notice upon the opposite party is dispensed with.

The learned Civil Judge (Junior Division), 2nd Court, Chinsurah, Hooghly is requested to dispose of the Title Suit No. 495 of 2016, as expeditiously as possible and in any event, within a period of one year from the date of communication of this order without granting any unnecessary adjournments to either of the parties, except only on reasonable ground.

Accordingly, the revisional application being C.O. 1909 of 2021 is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)