Moumita Kundu And ORS v. Swapan Ghosh And And ANR

17th January, (AK) C.O 3046 of 2024 Smt. Moumita Kundu and others Vs.

Swapan Ghosh and another Mr. Swagata Datta ...for the petitioners.

1.

Affidavit-of-service filed in court today be kept on record.

2.

In view of the innocuous nature of the prayer made, further service of notice is not directed, although the opposite parties are not represented.

3.

Learned counsel for the petitioners submits that a suit for partition filed by the petitioners is pending since the year 2018.

4.

An application under Order XI Rule 14 of the Code of Civil Procedure is also pending in connection with the same.

5.

Learned counsel seeks an expeditious hearing of the suit as well as the connected application. 6.

Accordingly, C.O. 3046 of 2024 is disposed of by requesting the learned Trial Judge, that is, the learned Civil Judge, Senior Division at Chandannagar, District-Hooghly to dispose of the pending application under Order XI Rule 14 of the

Code of Civil Procedure and/or any other application, if pending in connection with the suit, within four weeks from the date of communication of this order to the said court.

7.

It is expected that the learned Trial Judge shall dispose of the suit itself within one year after disposal of the pending application(s).

8.

The parties as well as the court concerned shall act on the basis of the server copy of this order for the purpose of implementation, without insisting upon prior production of a certified copy.

9.

There will be no order as to costs.

10. Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)