Sibu Kumar Shaw And ORS v. Biswanath Maity And ORS

AG 21.09.

M RKB Ct C.O. 2531 of 2022 Shri Sibu Kumar Shaw & Ors Vs Sri Biswanath Maity & Ors Mr. Neil Basu, ... For the petitioners.

Though a direction to secure expeditious disposal of suit has been sought for, but at the time of hearing, learned advocate appearing for the petitioners focuses the pendency of an interlocutory application praying for amendment filed on 8th April, 2019.

A prayer is thus proposed for urgent disposal of this interlocutory application.

No other point is raised requiring address by this Court.

Admittedly, this is a partition suit.

As per submission disclosed by the petitioners, the court below is in the stage of collection of evidence.

In view of the nature of the order proposed to be made in the case, no prior notice is considered to be necessary.

Service upon the opposite parties is thus dispensed with.

Accordingly, learned Civil Judge (Junior Division), 3rd Court, Alipore in Title Suit No. 74 of

2000 is requested to ensure expeditious disposal of the suit, taking into account of the year of institution of the suit, after causing disposal of the interlocutory application referred hereinabove, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable.

While endeavouring such exercise, the application for amendment may be disposed of within three weeks after the Puja vacation of the Court below with due notice to the opposite parties. Petitioners are directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties and the opposite parties. With this observation and direction, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)