Akhtar Hossain And ORS. v. Vivekananda Vidyapith And ORS.

18.04.2024 Sl. No.7(DL) srm C.O. No. 2843 of 2022 Akhtar Hossain & Ors.

Versus

Vivekananda Vidyapith & Ors.

Mr. Tapan Datta Gupta, Mr. Parvej Anam ...for the Petitioners.

The petitioners are the plaintiffs, who pray for expeditious disposal of Title Suit No.120 of 2015 along with pending applications. The proceedings are pending before the learned Civil Judge (Senior Division), 2nd Court at Rampurhat, Birdbhum.

Considering the submission, this Court is of the view that the prayer of the petitioners for early disposal of the proceeding, 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. Hence, there is no requirement for service of prior notice upon the opposite parties.

Under such circumstances, the revisional application is disposed of, with a direction upon the learned court to dispose of the applications within a period of four months from the

next date fixed, independently and strictly in accordance with law, upon allowing the parties to contest the proceeding. Thereafter, the learned court shall proceed with the suit in accordance with law and make a sincere endeavour to dispose of the same within a year from the date of disposal of the applications. Unnecessary adjournments shall not be granted to any of the parties.

This Court has neither gone into the merits of the applications nor into the merits of the suit. A copy of the revisional application along with a server copy of this order be served upon the opposite parties within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)