Parvin Kumar Gupta And ORS v. Sneha Gupta And ORS

Item No. 30 25.08.2023 Court. No. 19 GB C.O. 2504 of 2023 Pravin Kumar Gupta & Ors.

Vs.

Sneha Gupta & Ors.

Md. Hossain ... for the Petitioners.

The petitioners are the defendants in Title Suit No.977 of 2018 which is pending before the learned Civil Judge (Junior Division), 2nd Court at Sealdah. The petitioners pray for expeditious disposal of an application under Order 7, Rule 11 of the Code of Civil Procedure. The petitioners rely upon an order passed by this Court in C.O.203 of 2019, by which a learned coordinate Bench had directed that the application under Order 7, Rule 11 of the Code should be disposed of within November 20, 2019.

Considering the facts, this Court is of the view that the prayer of the petitioners are reasonable.

This Court has not expressed any opinion on the merits of the application. 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 Civil Judge (Junior Division), 2nd Court at Sealdah to dispose of the application within a period of two months from the next date fixed mandatorily, upon giving adequate opportunity to the opposite party 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.)