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Calcutta High CourtCO/3379/2022disposed

Saheda Bibi v. Kazi Golam Mehabub @ Selim Kazi And ORS.

2023-01-03Hon'Ble Justice Subhasis Dasgupta2 pages

AG 03.01.

C.O. 3379 of 2022 M Saheda Bibi Vs Kazi Golam Mehabub @ Selim Kazi & Ors / RKB Ct Ms. Sudipa Biswas, ... For the petitioner.

A direction to secure expeditious disposal of a partition suit being Title Suit No. 77 of 1995 pending before the learned Civil Judge (Junior Division), Bishnupur, is the ultimate relief sought for in this case.

Admittedly, after the preliminary decree being granted, the learned partition commissioner concluded his commission work, followed by submission of his report.

The only contention expressed by the petitioner is against the delay caused in the disposal of the partition suit, for the adjournment being granted frequently on the prayer of the other side, as well as the learned advocate commissioner, who was appointed as learned partition commissioner.

Attention of the Court is drawn to order passed in C.O. 2530 of 2018, wherein there has been a direction to complete the pending proceedings within certain period of time, as already stipulated therein. When there is already a direction passed by this Court,

no further direction is called for at this moment. However, the revisional application be disposed of directing the Court below to ensure completion of cross-examination of the learned advocate partition commissioner as expeditiously as possible without granting unnecessary adjournment, upon sensing the message already conveyed in C.O. 2530 of 2018. This Court reposes trust and confidence upon the Court below that the logical conclusion of the partition suit may be reached shortly, bearing in mind the direction already mentioned hereinabove.

Petitioner is directed to make communication of this order to the learned court below.

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)