Nirod Chandra Saha And ANR v. Narayan Mondal And ORS

23.12.2021 Ct. 21 D/L 136 ab C.O. 2166 of 2021 (Via Video Conference) Nirod Chandra Saha & Anr.

-VsNarayan Mondal & Ors.

Mr. Debjit Mukherjee, Ms. Susmita Chatterjee, Ms. Dipanwita Ganguly, Mr. Kaustav Bhattacharya, ... for the petitioners Mr. Debjit Mukherjee, learned advocate for the petitioners is present.

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

The petitioners/defendant Nos. 14 & 15 by filing the present application under Article 227 of the Constitution of India have prayed for expeditious disposal of the Partition Suit No. 152 of 2013, pending before the learned Civil Judge (Senior Division) Balurghat.

The learned advocate for the petitioners 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 petitioners.

Having regard to the nature of relief claimed by the petitioners, being a prayer for expeditious disposal of the partition suit, 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) Balurghat, is requested to dispose of the Partition Suit No. 152 of 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. Accordingly, the revisional application being C.O. 2166 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.)