Sayed Samsuddin @ Saiyad Samsuddin And ANR v. Marium Bibi And ANR

AG 19.09.

M RKB Ct C.O. 2928 of 2022 Sayede Samsuddin @ Saiyad Samsuddin & Anr Vs Mst. Marium Bibi & Ors Mr. Debjit Mukherjee, Ms. Susmita Chatterjee, Ms. Dipanwita Ganguly, Mr. K. Bhattacharya, ... For the petitioners.

A direction to secure expeditious disposal of Misc case no. 5 of 2021 arising out of Title Execution Case No. 7 of 2006 pending before the learned Civil Judge (Senior Division), Uluberia, is the ultimate relief sought for in this case.

No other point is raised requiring address by this Court The only contention expressed by the petitioners is against the delay caused in the disposal of the Misc case referred hereinabove under Section 4 of the Partition Act.

As per submission disclosed by Mr. Mukherjee, such application is matured enough for hearing as the petitioners has already filed written objection against the Misc case.

In view of the nature of the order proposed to be made in the case, no prior notice is considered to be necessary.

Service upon the opposite parties is thus dispensed with.

Accordingly, learned Civil Judge (Senior Division), Uluberia in Misc case no. 5 of 2021 arising out of Title Execution Case No. 7 of 2006 is requested to ensure expeditious disposal of Miss Case referred hereinabove, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, preferably before the end of March 2023.

Petitioners are directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties and the opposite parties. With this observation and direction, the revisional application stands disposed of.

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

(Subhasis Dasgupta, J)