Sri Arunmoy Bandyopadhyay @Arunmoy Banerjee v. Basudeb Sadhukhan And ANR

31.08.2023 Sl. No.41(DL) srm C.O. No. 2608 of 2023 Sri Arunmoy Bandyopadhyay @ Arunmoy Banerjee

Versus

Sri Basudev Sadhukhan & Anr.

Mr. Satyam Mukherjee, Ms. Sayani Ahmed ...for the Petitioner.

The petitioner is the plaintiff in Title Suit No.288 of 2013 which is pending before the learned Civil Judge (Junior Division), 1st Court at Barasat, North 24-Parganas. It is submitted that an application under Section 151 of the Code of Civil Procedure for restoration of electricity connection is pending. The written objection to the said application has already been filed by the defendants. An order of expeditious disposal of any litigation enures to the benefit of all the parties and hence prior service of this revisional application upon the opposite parties is not required. The prayer is innocuous.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court below to dispose of the application within a month from the next date fixed, independently and strictly in accordance with law.

Thereafter, the court shall proceed with the hearing of the suit and dispose of the same within a period of one year from the date of disposal of the application. Unnecessary adjournments shall not be granted to any of the parties.

This Court has neither gone into the merits of the suit nor into the merits of application.

A copy of the revisional application, along with a server copy of this order, be served upon the opposite parties within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)