Sailen Kumar Sen v. Prabir Kumar Suhasaria

11.12.2023 Court No. 19 Item no.266 CP C.O. No. 2963 of 2023 Sri Sailen Kumar Sen Vs.

Sri Prabir Kumar Suhasaria Mrs. Shohini Chakrabarty Ms. Prajaaini Das ......for the petitioner.

The petitioner prays for expeditious disposal of an application filed by the petitioner/defendant in connection with Title Suit No.2185 of 2009, which is pending before the learned Civil Judge (Senior Division) 4th Court, Alipore.

The prayer of the petitioner 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 party.

The revisional application is disposed of with a direction upon the learned court below to dispose of the application within three months from the date of communication of this order. The petitioner can file a put up petition for getting the dates fixed. Adequate opportunity shall be granted to the parties to contest the same. On the outcome of the said application, the hearing of the suit shall be expedited.

This court has not expressed any opinion on the merits of the application. 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 party and/or the learned advocate contesting the matter on behalf of the opposite party 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.)