Calcutta High CourtCO/2263/2021disposed

Sabirul Islam And ANR v. Habibur Rahaman And ORS

2022-02-16Hon'Ble Justice Kesang Doma Bhutia2 pages

C.O. 2263 of 2021 Sabirul Islam & Anr.

AKG 16-02-2022 Ct.21

Versus

Habibur Rahaman & Ors.

(VIA VIDEO CONFERENCE) Mr. Falguni Bandhopadhyay, Ms. Sreetama Neogi, Mr. Tapan Pramanick ...for the Petitioners Mr. Falguni Bandhopadhyay, learned advocate appears for the petitioners.

Record shows that no notice of this application has been served on the other side.

The petitioners by filing the present application under Article 227 of the Constitution of India have prayed for expeditious disposal of the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure in connection with Title Suit No. 265 of 2021, pending before the learned Civil Judge (Junior Division), 1st Court, Barasat.

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 disposing of the case and such delay is causing hardship to the petitioners.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the interlocutory application, I do not find any need to serve notice of the present application on the opposite

parties. Therefore, service of notice upon the opposite parties is dispensed with.

The learned Civil Judge (Junior Division), 1st Court, Barasat is requested to dispose of the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure in connection with Title Suit No. 265 of 2021, as expeditiously as possible and in any event, within a period of three months from the date of communication of this order, without granting any adjournment to either of the parties.

Accordingly, the revisional application being C.O. 2263 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.)