Calcutta High CourtCO/2309/2022disposed

Maya Pal v. Malati Sarkar

2022-09-28Hon'Ble Justice Subhasis Dasgupta2 pages

28.09.2022 Item No.7 Ct. No.7 CHC (disposed of) C.O.2309 of 2022 Smt. Maya Pal Vs.

Smt. Malati Sarkar Mr. Subhankar Das, Mr. Bikram Sarkar ...for the petitioner A direction to secure expeditious disposal of the suit is the ultimate relief sought for in this case. No other point is raised requiring address by this Court.

As per submission disclosed by the petitioner, there are multiple interlocutory applications pending in the suit requiring decision out of which, application under Section 7(1) and 7(2) of the W.B.P.T. Act, application under Order 22 Rule 4 C.P.C., and application under Order 1 Rule 10 C.P.C. are there. 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 party stands dispensed with.

Accordingly, learned Civil Judge (Junior Division) 1st Court, Alipore, in Title Suit No.53 of 2018, is requested to ensure expeditious disposal of interlocutory applications, referred hereinabove as

pending, one after another, providing sufficient opportunity of hearing to either of the parties to this case, but without granting any unnecessary adjournment, unless it is extremely unavoidable. While endeavouring such exercise, the application under Order 22 Rule 4 C.P.C. may be considered first, preferably within two weeks after the Puja Vacation of the court below.

This would not, however, prevent the court below to ensure logical conclusion of the suit within a reasonable period of time, after adhering to the formalities under the law, subject to the suitability and convenience of the court below.

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

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

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.)