Ashit Kumar Ghosh v. Timir Baran Ghosh

Item No.175 01.02.2024 Court. No. 19 GB C.O. 2570 of 2022 Ashit Kumar Ghosh Vs.

Timir Baran Ghosh Mr. Santimay Bhattacharyya, Mr. Ziaul Haque, Mr. Suman Kumar Bhattacharya ... for the Petitioner.

By this application, the petitioner seeks expeditious disposal of the Title Suit No.46 of 2016, which is pending before the learned Civil Judge (Junior Division), Paschim Medinipur.

It is submitted that no interlocutory application is pending and the suit is at the stage of framing of issues. Considering the submissions, this Court is of the view that the prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

The revisional application is disposed of with a direction upon the learned court below, to dispose of the suit within a period of one year from the next date fixed. Adequate opportunity shall be given to the parties to contest the same. This court has not expressed any opinion on the merits of the suit. The learned court shall proceed independently and in accordance with law.

A copy of the revisional application, along with a server copy of this order be served upon the opposite party and/or

the learned advocate contesting the matter on behalf of the opposite party in the learned court below.

The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)