Nirod Chandra Saha And ANR v. Narayan Mondal And ORS
AG 20.09.
M RKB Ct C.O. 2954 of 2022 Nirod Chandra Saha & Anr Vs Narayan Mondal & Ors Mr. Debjit Mukherjee, Ms. Susmita Chatterjee, Ms. Dipanwita Ganguly, Mr. K. Bhattacharya, ... For the petitioners.
A direction to secure expeditious disposal of the suit, is the ultimate relief sought for in this case. Adverting to copy of the order dated 23rd December, 2022 passed in C.O. 2166 of 2021, learned advocate appearing for the petitioners submits that despite direction passed by the court below to ensure expeditious disposal of pending suit, logical conclusion of the suit has not yet been reached, and the suit is getting delayed for that reason.
No other point is raised requiring address by this Court.
Admittedly, this is a partition suit.
As per submission disclosed by the petitioners, the court below is in the stage of collection of evidence.
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), Balurghat in Partition Suit No. 152 of 2013 is requested to ensure expeditious disposal of the suit, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, upon sensing the true purport and message already conveyed in C.O. 2166 of 2021.
When there is already a direction passed by the court below, this court reposes trust and confidence upon the trial court that there shall be sincere endeavour put by the court below to ensure logical conclusion of the suit in a most expeditious manner, in context with the desire expressed in C.O. 2166 of 2021, preferably before April, 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)