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Calcutta High CourtCO/2048/2021disposed

Jitendra Nath Mondal And ORS v. Ashoke Mondal And ORS

2022-03-07Hon'Ble Justice Kesang Doma Bhutia2 pages

07.03.2022 Ct. 21 D/L 121 ab C.O. 2048 of 2021 (Via Video Conference) Jitendra Nath Mondal & Ors.

-VsAshoke Mondal & Ors.

Mr. Rajes Jana, ... for the petitioners Mr. Rajes Jana, learned advocate appears for the petitioners.

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 the suit being Title Suit No. 263 of 2015, pending before the learned Civil Judge (Junior Division), 2nd Court at Baruipur, 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), 2nd Court at Baruipur, South 24 Parganas, is requested to dispose of the suit being Title Suit No. 263 of 2015, as expeditiously as possible and in any event, within a period of six months from the date of communication of this order, without granting any adjournment whatsoever to any of the parties, but being regard to the diary maintained by him/her.

Accordingly, the revisional application being C.O. 2048 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.)