Aharan Bibi v. Sachindra Nath Ghosh And ORS

02.02.2022 Ct. 21 D/L 6 ab C.O. 2168 of 2021 (Via Video Conference) Aaharan Bibi -VsSachindra Nath Ghosh & Ors.

Mr. Gazi Faruque Hossain, ... for the petitioner Mr. Gazi Faruque Hossain, 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 application for substitution as well as the application in which sufficient cause has been shown for delay in filing the said substitution application in connection with Title Suit No. 146 of 2018, pending before the learned Civil Judge (Junior Division), Baruipur, South 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 interlocutory applications, 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 (Junior Division), Baruipur, South 24 Parganas, is requested to dispose of the application for substitution as well as the application in which sufficient cause has been shown for delay in filing the said substitution application in connection with Title Suit No. 146 of 2018, as expeditiously as possible and in any event, within a period of one month from the date of communication of this order, without granting any adjournment whatsoever to any of the parties. Therefore, the learned Judge in the Court below shall make an endeavour to dispose of the suit as expeditiously as possible, preferably within a period of one year from the disposal of the interlocutory applications, without granting any unnecessary adjournments except only on reasonable ground.

Accordingly, the revisional application being C.O. 2168 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.)