Sudip Koley v. Dipankar Koley And ORS

D/L. 21.

January 17, 2025.

MNS.

C. O. No. 3088 of 2024 Sudip Koley Vs.

Dipankar Koley and others Mr. Anath Nath Naskar, Ms. Sagarika Goswami ... for the petitioner.

1. In view of the innocuous nature of the prayer, no prior service of notice on the opposite parties is being directed.

2. Learned counsel for the petitioner submits that the present matter arises out of a partition suit of the year 1990, which is still at the stage of framing of issues. An application filed in the year 2021 by the petitioner under Section 151 of the Code of Civil Procedure for implementation of an injunction order by police help has also been kept pending.

3. In view of the inordinate delay in disposing of the interlocutory application as well as the suit, the prayer for early hearing is justified.

4. Accordingly, C. O. No. 3088 of 2024 is disposed of by requesting the learned Civil

Judge (Senior Division), Third Court at Howrah, District- Howrah, to dispose of the pending application under Section 151 of the Code of Civil Procedure filed by the petitioner and/or any other pending applications, if any, as expeditiously as possible, positively within four weeks from the date of communication of this order to the learned trial Judge. The trial Court shall also make all endeavour to dispose of the suit, being Title Suit No. 64 of 1990, as expeditiously thereafter as possible, preferably within March 31, 2026.

5. There will be no order as to costs.

6. The parties and all concerned shall act on the server copy of this order for the purpose of compliance without insisting upon prior production of the certified copy thereof.

(Sabyasachi Bhattacharyya, J.)