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Calcutta High CourtCO/2084/2021disposed

Goutam Das v. Sital Prasad Mondal And ANR

2022-01-21Hon'Ble Justice Kesang Doma Bhutia2 pages

AKG 21-01-2022 C.O. 2084 of 2021 Ct.21 Goutam Das

Versus

Sital Prasad Mondal & Anr.

(VIA VIDEO CONFERENCE) Mr. Gourab Ghosh ...for the Petitioner Mr. Gourab Ghosh, learned advocate appears for the petitioner.

Record shows that the notice of this application has not been served on the opposite parties.

The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the Title Suit No. 404 of 2012, pending before the learned Civil Judge (Senior Division), Kakdwip, South 24 Parganas for final decree. The learned advocate for the petitioner 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 petitioner.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the Title Suit No. 404 of 2012, 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 (Senior Division), Kakdwip, South 24 Parganas is directed to dispose of the application for final decree, as expeditiously as possible and in any event, within a period of three months from the date of communication of this order, without granting any unnecessary adjournment to the either of the parties, as the said suit is pending since 2012. Accordingly, the revisional application being C.O. 2084 of 2021 is disposed of.

There shall be no order as to costs.

All 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.)