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Calcutta High CourtCO/3367/2024disposed

Smt. Anjana Bhattacharjee And ORS. v. Sri Dilip Kumar Bhattacharyya And ORS.

2025-01-17Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

AD-33 Ct No.16 17.01.2025 (SSS) CO 3367 of 2024 Smt. Anjana Bhattacharjee and Ors.

Vs.

Sri Dilip Kumar Bhattacharyya and Ors.

Mr. Anindya Lahiri, Mr. Anish Chakraborty, ....For the Petitioners/Proforma Respondent.

1.

In view of the innocuous nature of the prayer made, prior service of notice on the Opposite Parties is not being directed.

2.

The present application under Article 227 of the Constitution of India arises out of a contested probate proceeding initiated originally in the year 1994 and thereafter, turning contentious and renumbered. 3.

Learned Counsel appearing for the petitioners submits that the probate case is now pending at the stage of peremptory hearing and the examination of the handwriting expert is going on. It is submitted that such application was taken out at the stage of arguments.

4.

Accordingly, it is evident that the suit is at a mature stage and is pending inordinately.

5.

Thus, CO 3367 of 2024 is disposed of with a request to the learned Additional District Judge, Eleventh Court at Alipore, District: South 24 Parganas to dispose of Original Suit No. 1 of 2001 pending before the said court as expeditiously as possible, positively within August 31, 2025.

6.

There will be no order as to costs.

7.

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

(Sabyasachi Bhattacharyya, J.)