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Calcutta High CourtCO/2711/2023disposed

Asit Baran Ghosh And ORS v. Dipti Kumar Mandal And ORS

2023-08-24Hon'Ble Justice Shampa Sarkar2 pages

24.08.2023 Sl. No.58(DL) srm C.O. No. 2711 of 2023 Sri Asit Baran Ghosh & Ors.

Versus

Sri Dipti Kumar Mandal & Ors.

Mr. Chittapriya Ghosh, Ms. Priyanka Saha ...for the Petitioners.

The petitioners are the defendant Nos.1 to 4 in Title Suit No.07 of 2021, which is pending before the learned Civil Judge (Junior Division), Bishnupur, Bankura.

The petitioners pray for expeditious disposal of the application under Order XXXIX Rules 1 and 2 and under Order XXXIX Rule 4 of the Code of Civil Procedure as also the suit.

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 applications within a period of two months from the next date fixed, independently and strictly in

accordance with law, upon granting adequate opportunity to the parties to contest the same. 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 applications. 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 applications.

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.)