Saikat Dutta v. Sagar Dutta And ORS

Item No.281 06.12.2023 Court. No. 19 GB C.O. 3761 of 2023 Saikat Dutta Vs.

Sagar Dutta & Ors.

Mr. Subhankar Das, Mr. Bikram Sarkar, Mr. Sribatsa Munda ... for the Petitioner.

The petitioner prays for expeditious disposal of the pending applications, filed in connection with Title Suit No.90 of 2022, which is pending before the learned Civil Judge (Senior Division), 5th Court at Alipore. Considering the submissions, the Court is of the view that 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 and 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 below to dispose of the applications within a period of three months from the next date fixed. Adequate opportunity shall be granted to the parties to contest the same. Upon disposal of the applications, the suit should be expedited and disposed of preferably within a period of two years.

This court has neither expressed any opinion on the merits of the suit nor on the merits of the applications. 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.

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.)