Kumari Kakali Mukherjee And ANR v. Chhabi Bhattacharjee And ORS

28.08.2023 Court No. 19 Item no.47 CP C.O. No. 2853 of 2023 Kumari Kakali Mukherjee & anr.

Versus

Chhabi Bhattacharjee & ors.

Mr. Sovan Mukherjee ....for the petitioners.

The petitioners are the plaintiffs in Title Suit No. 707 of 2016, which is pending before the learned Civil Judge (Junior Division), Additional Court at Sealdah. It is submitted that originally, the suit was filed in 1992. After the transfer, the suit was renumbered.

It is submitted that the suit is at the stage of evidence and, hence, necessary directions be passed upon the learned court below for expeditious disposal of the suit.

Records reveal that the cross-examination of PW-1 was going on when the revisional application was filed.

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 said suit, within a period of six months 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.)