Niladri Kumar Maschatak v. Anjali Maschatak And ORS

31.01.2022 Ct. 21 D/L 12 ab C.O. 2150 of 2021 (Via Video Conference) Niladri Kumar Maschatak -VsSmt. Anjali Maschatak & Ors.

Mr. Prantick Ghosh, ... for the petitioner Mr. Prantick 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 Other Suit No. 182 of 2014 arising out of Other Suit No. 01 of 2013, pending before the learned Additional District Judge, 4th Court at Barasat, North 24 Parganas.

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 probate case, 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 Additional District Judge, 4th Court at Barasat, North 24 Parganas, is requested to dispose of the Other Suit No. 182 of 2014 arising out of Other Suit No. 01 0f 2013, 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 unnecessary adjournment to either of the parties, as the case is pending since 2013.

Accordingly, the revisional application being C.O. 2150 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.)