Sisir Kumar Chatterjee v. Sujata Mukherjee And ORS

25.07.2023 Sl. No.115(DL) srm C.O. No. 3459 of 2022 Sri Sisir Kumar Chatterjee

Versus

Sujata Mukherjee & Ors.

Mr. Sagnik Chatterjee, Mr. Sayan Mukherjee ...for the Petitioner.

The plaintiff prays for expeditious disposal of Miscellaneous Case No.119 of 2019 filed, by some of the defendants, praying for setting aside of the ex parte decree passed in Title Suit No.2020 of 2008 by the learned Civil Judge (Junior Division), 6th Court at Alipore, South 24-Parganas. It is submitted that the said misc. case has been pending since long.

An order of expeditious disposal of any litigation enures to the benefit of all the parties and hence prior service of this revisional application upon the opposite parties is not required. The prayer is innocuous.

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 six months from the next date fixed, independently and strictly in accordance with law, upon granting adequate opportunity to the opposite

parties to contest the misc. case and to file their objections, if not already filed, as also adduce evidence as may be necessary. 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 parties 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.)