Calcutta Pinjrapole Society v. Shree Bhagwati Industries

21.05.2024 Ct. No. 19 Sl. No.29 Cp C.O. No. 3749 of 2023 Calcutta Pinjrapole Society Vs.

Shree Bhagwati Industries Mr. Kushal Chatterjee Mr. Sunil Kumar Singhania Ms. Kalpana Singhania ... for the petitioner.

The petitioner prays for expeditious disposal of Title Suit No. 85 of 1994 along with a pending application. The proceedings are pending before the learned Civil Judge (Senior Division) 2nd Court, Howrah.

It is submitted that the application and the suit have been pending since long. Records reveal that trial has commenced.

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 party.

The revisional application is disposed of with a direction upon the learned court to dispose of the pending application within three months from the next date fixed positively. Adequate opportunity shall be

granted to the parties to contest the same. Thereafter sincere endeavour shall be made by the learned court to dispose of the suit within six months after the disposal of the application.

This court has not expressed any opinion on the merits of the suit and the applicaiotn. 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 party and/or the learned advocate contesting the matter on behalf of the opposite party 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.)