Khokan Mondal And ORS v. Swapan Mondal And ORS

05.09.2023 Court No. 19 Item no. 169 CP C.O. No. 2751 of 2023 Khokan Mondal & ors.

Vs.

Swapan Mondal & ors.

Mr. Hamidul Haq Mr. Anirudhya Dutta ... for the Petitioners.

The petitioners are the defendants in Title Suit No.27 of 2020, which is pending before the learned Civil Judge (Senior Division), at Baruipur. The petitioners pray for expeditious disposal of the suit. It is submitted that apart from the main suit, no applications are pending. It is also submitted that the suit is at the stage of framing of issues. The prayer of the petitioners 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 and hence, there is no requirement for service of prior notice upon the opposite parties.

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, upon granting adequate opportunity 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 parties and/or the learned advocate contesting the matter on behalf of the opposite parties in the learned court below, within a week. 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.)