Calcutta High CourtCO/1959/2021disposed

Sulaiman Ali Khan And ORS v. Sanoar Ali Khan And ORS

2022-02-23Hon'Ble Justice Kesang Doma Bhutia2 pages

23.02.2022 Ct. 21 D/L 83 ab C.O. 1959 of 2021 (Via Video Conference) Suliaman Ali Khan & Ors.

-VsSanoar Ali Khan & Ors.

Mr. Radhasyam Maiti, ... for the petitioner Mr. Radhasyam Maiti, learned advocate appears for the petitioner.

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

The petitioners by filing the present application under Article 227 of the Constitution of India have prayed for expeditious disposal of Title Suit No. 414 of 2011, subsequently renumbered as Title Suit No. 01 of 2019, pending before the learned Civil Judge (Junior Division), Kakdwip, South 24 parganas.

The learned advocate for the petitioners 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 petitioners.

Having regard to the nature of relief claimed by the petitioners, 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 parties and it is not likely to cause any prejudice to the interest of the opposite parties. Therefore, service of notice upon the opposite parties is dispensed with.

The learned Civil Judge (Junior Division), Kakdwip, South 24 Parganas, is requested to dispose of Title Suit No. 414 of 2011, subsequently renumbered as Title Suit No. 01 of 2019, 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 adjournment whatsoever to any of the parties, as the suit is pending since 2011.

Accordingly, the revisional application being C.O. 1959 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.)