Jakir Hossain Naskar v. Md. Mahinuddin Naskar And ORS.

14.12.2023 Sl. No.251(DL) srm C.O. No. 2356 of 2023 Jakir Hossain Naskar

Versus

Mahinuddin Naskar & Ors.

Mr. Dilip Kumar Shyamal, Ms. Renesa Dey ...for the Petitioner.

The petitioner is the plaintiff in Title Suit No.175 of 1997, which is pending before the learned Civil Judge (Senior Division), Baruipur, South 24-Parganas. The petitioner prays for expeditious disposal of the said suit.

It is submitted that the suit is at the stage of evidence and no other interlocutory applications are pending. Considering the age of the suit and the submission, this Court is of the view that the prayer of the petitioner for early disposal of the suit, is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite parties.

Under such circumstances, the revisional application is disposed of, with a direction upon the learned court below to

dispose of the suit within a period of six months from the next date fixed, independently and strictly in accordance with law, upon allowing the parties to contest the proceeding. Unnecessary adjournments shall not be granted to any of the parties.

This Court has not gone into the merits of the suit. 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.)