Dalia Sarkar v. Manash Ghosh And ANR

23.02.2022 Ct. 21 D/L 104 ab C.O. 2251 of 2021 (Via Video Conference) Smt. Dalia Sarkar -VsManash Ghose & Anr.

Mr. Malay Dhar, Mr. Biswajit Sarkar, ... for the petitioner Mr. Malay Dhar, 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 Misc. Case No. 84 of 2018 filed under Order 9 Rule 13 of the Code of Civil Procedure arising out of Title Suit No. 557 of 2014, pending before the learned Civil Judge (Senior Division), 1st 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 misc. 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 Civil Judge (Senior Division), 1st Court at Barasat, North 24 Parganas, is requested to dispose of Misc. Case No. 84 of 2018 filed under Order 9 Rule 13 of the Code of Civil Procedure arising out of Title Suit No. 557 of 2014, 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 adjournment whatsoever to any of the parties. Accordingly, the revisional application being C.O. 2251 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.)