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Calcutta High CourtCO/2963/2022disposed

Sheela Shaw And ORS v. Bhutan Ray

2022-09-21Hon'Ble Justice Subhasis Dasgupta2 pages

21.09.2022 Item No.35 Ct. No.7 CHC (disposed of) C.O.2963 of 2022 Sheela Shaw since dead, rep. by her legal representatives Ratan Lal Shaw & ors.

Vs.

Sri Bhutan Ray alias Rai, Roy Mr. Meghnad Dutta, Mr. Abhishek Shaw ...for the petitioners A direction to secure expeditious disposal of an interlocutory application, filed by the heirs of the plaintiff, seeking substitution is the ultimate relief sought for in this case.

The only contention thus expressed according to Mr. Dutta, learned advocate appearing for the petitioners is that the suit is getting delayed due to the pendency of the substitution application.

No other point is raised requiring address by this Court.

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

Service upon the opposite party stands dispensed with.

Accordingly, learned Civil Judge (Junior Division), 2nd Court, Barrackpore, North 24 Parganas, in Title Suit No.28 of 2018, is requested to ensure expeditious

disposal of substitution application, providing sufficient opportunity of hearing to either of the parties to this case, but without granting any unnecessary adjournment, unless it is extremely unavoidable, preferably within a period of four (04) weeks after reopening of Puja Vacation of the court below. This would not, however, prevent the court below to ensure logical conclusion of the suit in a faster mode.

Petitioners are directed to make communication of this order to the learned court below as well as to the opposite party and his learned advocate in the court below.

With this observation/direction, the revisional application stands disposed of.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)