Trimurti Complex(P) Ltd v. Pramod Kr Tewari

25.08.2022 Item No.3 Ct. No.7 CHC (disposed of) C.O.2272 of 2022 Trimurti Complex (P) Ltd.

Vs.

Pramod Kumar Tewari & anr.

Mr. Animesh Paul ...for the petitioner A direction to secure expeditious disposal of a Title Suit No.96 of 2016, pending before the learned Civil Judge (Senior Division), 2nd Court, at Howrah, is the ultimate relief sought for in this case.

No other point is raised requiring address by this Court.

Admittedly, the Partition Suit was instituted in March, 2016, in which there has been a preliminary decree granted in December, 2018. Subsequently, the Commissioner has been appointed to give effect to the preliminary decree, and the Commissioner has already submitted his report on 23rd June, 2022.

The only contention expressed by the learned advocate for the petitioner is against the delay caused in the disposal of the Partition Suit upon drawing the final decree for the purpose.

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

Service upon the opposite parties stands dispensed with.

Accordingly, learned Civil Judge (Senior Division), 2nd Court, at Howrah, in Title Suit Not.96 of 2016 is directed to ensure expeditious disposal of the suit referred hereinabove, providing sufficient opportunity of hearing to either of the parties to this case, upon drawing a final decree, in the absence of any appellate decision, if there be any in the meantime.

With this observation/direction, the revisional application stands disposed of.

Petitioner is directed to make communication of this order to the learned court below as well as to the opposite parties and their learned advocate in the court below.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)