Gopal Krishna Mondal v. Shyamal Naskar And ORS

07.02.2022 Ct. 21 D/L 20 ab C.O. 2334 of 2021 (Via Video Conference) Gopal Krishna Mondal -VsShyamal Naskar & Ors.

Mr. Tanmay Chowdhury, Ms. Ritoprita Ghosh, ... for the petitioner Mr.

Tanmay Chowdhury, 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 the application for substitution as well as Title Suit No. 175 of 2013 pending before the learned Civil Judge (Junior Division), 1st Court at Baruipur, South 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 title suit, 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 (Junior Division), 1st Court at Baruipur, South 24 Parganas, is requested to dispose of the application for substitution as well as the Title Suit No. 175 of 2013, 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, as the suit is pending since 2013.

Accordingly, the revisional application being C.O. 2334 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.)