Anindya Sengupta v. Bibhas Sengupta And ORS

07.05.2024 Ct. No. 19 Sl. No.91 Cp C.O. No. 3064 of 2022 Anindya Sengupta Vs.

Bibhas Sengupta & ors.

Mr. Shounak Mukhopadhyay Mr. Sayantan Bose Ms. Ankita Choudhury .....for the petitioner.

The petitioner prays for expeditious disposal of O.C. Case No.04 of 2016, which is pending before the learned Judge, 5th Bench, City Civil Court at Calcutta. It is submitted that the contentious probate suit, is at the stage of evidence.

The prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite parties.

The revisional application is disposed of with a direction upon the learned court to make sincere endeavour to dispose of the suit within six months from date. Adequate opportunity shall be granted to the parties to contest the same. This court has not expressed any opinion on the merits of the suit. The learned court shall proceed independently and in accordance with law.

A copy of the revisional application along with a server copy of this order be served upon the opposite parties and/or the learned advocate contesting the matter on behalf of the opposite parties in the learned court below, within a week.

The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)