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Calcutta High CourtCO/2476/2023disposed

Basudeb Das And ORS v. Sri Durgesh Roy And ORS

2023-08-29Hon'Ble Justice Shampa Sarkar2 pages

Item No. 32 29.08.2023 Court. No. 19 GB C.O. 2476 of 2023 Basudeb Das & Ors.

Vs.

Sri Durgesh Roy & Ors.

Mr. Subhas Chandra Saha ... for the Petitioners.

The petitioners pray for expeditious disposal of a contentious probate suit being OS Will No.01 of 2022, which is pending before the learned Additional District Judge, 1st Court at Katwa, District - Purba Bardhaman.

It is submitted that evidence of the parties have been closed and the suit is at the stage of argument. This Court has not expressed any opinion on the merits of the suit. An order of expeditious disposal enures to the benefit of all the parties and hence this revisional application need not be served upon the opposite parties before its disposal. The prayer is innocuous. Under such circumstances, this Court directs the learned Additional District Judge, 1st Court at Katwa, District - Purba Bardhaman to dispose of the suit within a period of four months from the next date fixed, upon giving adequate opportunity to the opposite parties to contest the same. The learned court below shall proceed in accordance with law and independently, without granting unnecessary adjournments to either of the parties.

Accordingly, the revisional application is disposed of.

Petitioners are directed to serve a copy of the revisional application upon the opposite parties, along with a server copy of this order.

However, there will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)