Lakshmikanta Mondal v. Malay Jana And ORS

17.11.2025 Sl. No. 39 Ct No. 6 SG CO 3926 of 2025 Lakshmikanta Mondal Vs Malay Jana & Ors.

Mr. Kishore Mukherjee.

...for the petitioner 1.

The petitioners pray for expeditious disposal of an application under Order 1 Rule 10 of the Code of Civil Procedure and another application under Order 39 Rule 4 read with Section 151 of the Code. The said applications are pending in connection with Title Suit No. 329 of 2025, before the learned Civil Judge (Junior Division), 2nd Court, Uluberia, Dist. Howrah. 2.

It is submitted that the said court is lying vacant. It is further submitted that the applications are pending since July 2024.

3.

The prayer of the petitioners 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 parties.

4.

Under such circumstances, this revisional application is disposed of with a request to the learned Court 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. Thereafter, the learned Court is requested to make a sincere endeavour to dispose of the suit as expeditiously as possible.

5.

In the event such court is vacant, the petitioner shall be at liberty to approach the learned Judge-incharge to dispose of the said applications within the period fixed by this court.

6.

This Court has not expressed any opinion on the merits of the applications and the suit. The learned Court shall proceed independently and in accordance with law. 7.

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, within a week.

8.

Accordingly, this revisional application is disposed of. There shall be no order as to costs.

9.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)