Smt Milan Guha And ANR v. Smt Gita Guha And ORS

Item 13.06.

C.O. 2848 of 2022 No.

Smt. Milan Guha & Anr.

Vs Smt. Gita Guha & Ors.

rup Ct Ms. Debasree Dhamali ... For the petitioners.

1. This revisional application has been filed invoking the jurisdiction under Article 227 of the Constitution of India with a prayer for expeditious disposal of the Title Suit No. 35 of 2004 pending before the learned Civil Judge (Senior Division), 1st Court, Krishnanagar, Nadia.

2. It is submitted that the preliminary decree in the suit was passed in the year 2008 and ultimately Commissioner's report was filed in the year 2017 and after filing of this instant revisional application, the Commissioner's report was rejected and one application for appointment of new Commissioner has been filed which is still pending.

3. Nature of the prayer does not demand, in my opinion, service of notice upon the opposite parties. Accordingly, the service upon the opposite parties is dispensed with.

4. It is found that suit is pending since 2004.

5. Accordingly, learned Civil Judge (Senior Division), 1st Court, Krishnanagar, Nadia is requested to

dispose of the suit being No. 35 of 2004 after disposing of all inter locutory applications, if any, as expeditiously as possible preferably within a period of six months providing sufficient opportunity of hearing to either of the parties to this case but without granting any unnecessary adjournment.

6. Petitioners are at liberty to communicate this order to the learned Civil Judge (Senior Division), 1st Court, Krishnanagar, Nadia as well as to the learned counsel appearing on behalf of the opposite parties/defendants.

7. With this observation and direction, the revisional application stands disposed of.

8. All the parties shall act on the server copy of this order duly downloaded from the official web site of this Court.

9. Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Bibhas Ranjan De, J.)