Rathindra Nath Mitra v. Ratna Chattopadhaya

12.12.2022 Ct. no. 652 sb C.O. 2386 of 2022 Sri Rathindra Nath Mitra Vs.

Smt. Ratna Chattopadhyay Mr. S. Mukherejee Mr. M.M. Bhattacharya Ms. R. Aktar ...for the opposite party Petitioner is not present.

Opposite party is represented.

This is an application under Section 24 of the Code of Civil Procedure filed by the petitioner seeking transfer of Original Suit No. 8 of 2016 arising out of Misc. case no. 16 of 2016 from the court of learned Additional District Judge, Baruipur, South 24 parganas to the court of learned Additional District Judge, Alipore, South 24 parganas.

The petitioner pleaded that the petitioner being the only son of deceased Sudha Rani Mitra was an employee and he had to reside out of station during his service period. Said Sudha Rani Mitra died leaving behind petitioner and one daughter. Petitioner stated that on retirement when he returned to his parent's house, he came to know that his mother has registered a will in respect of all the properties, keeping the petitioner in the dark. After the death of petitioner's mother Smt. Ratna Chattopadhyay filed case for grant of probate and when

petitioner filed objection, said proceeding on transfer being renumbered as 0.S 8 of 2016. The petitioner stated that he is aged about 71 years and is suffering from various chronic disease and presently residing in Barrackpore and he is facing trouble to attend the court at Baruipur and as such, he has prayed for aforesaid transfer.

Learned counsel for the opposite party, Mr.

Mukherjee submits that he has got no objection if the transfer as sought for is allowed but a direction may be given to the transferee court for making early disposal of the said proceedings, since the proceeding is pending for a long time.

Having considered the facts and circumstances of the case and the consent given by the opposite party, C.O. 2386 of 2022 is allowed.

In view of above, learned District Judge, South 24 parganas, Alipore is hereby directed to withdraw the Original Suit No. 8 of 2016 arising out of Misc. case no. 16 of 2016 from the court of learned Additional District Judge, Baruipur, South 24 parganas and to transmit the same to the court of learned District Judge, Alipore within a period of three weeks from the date of communication of the order.

The transferee court shall serve fresh notice upon both the parties intimating the next date of hearing before proceeding further with the aforesaid proceeding.

The transferee court is requested to make every endeavour for expeditious disposal of the said proceeding and shall make every endeavour to conclude the hearing of the entire proceeding preferably within a period of six months from the date of communication of the order. Since no affidavit-in-opposition has been filed, the allegations made in the revisional application deemed to have denied by the opposite party.

The department is directed to send a copy of the order to the learned District Judge, Alipore, South 24 parganas.

Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Ajoy Kumar Mukherjee, J.)