Anirban Sengupta v. Rupanjali Sengupta

04.12.2023 Sl. No.362(ML) srm C.O. No. 3599 of 2023 Sri Anirban Sengupta

Versus

Smt. Rupanjali Sengupta Mr. Debasis Kar ...for the Petitioner.

The petitioner prays for expeditious disposal of Misc. Case (Succession) No.302 of 2017, which is pending before the learned Civil Judge (Junior Division), 1st Court at Barrackpore, North 24-Parganas. It is contended that the paper publication was made on May 12, 2022. Several dates have gone by, without hearing of the misc. case.

Considering the submission, this Court is of the view that the prayer of the petitioner for early hearing 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 party. Under such circumstances, the revisional application is disposed of, with a direction upon the learned court below to dispose of the misc. case within a period of two months from the next date fixed, independently and strictly in accordance

with law, upon allowing the parties to contest the proceeding. Unnecessary adjournments shall not be granted to any of the parties.

This Court has not gone into the merits of the misc. case. A copy of the revisional application along with a server copy of this order be served upon the opposite party within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)