Namita Mitra v. Prasanta Mitra

24.02.2025 C.O. 3909 of 2024 45.

Ct.237. Namita Mitra Bd. -Vs- Prasanta Mitra Mr. Santanu Chatterjee ...for the Petitioner. This is an application wherein petitioner has prayed for expeditious disposal of Title Suit No. 1865 of 2023 along with connected application. It is submitted on behalf of the petitioner that the petitioner/defendant filed a written statement along with counter claim and the plaintiff has also filed written statement against the counter claim. However, the issues have not yet been framed and the injunction application filed by the plaintiff has also not yet been disposed of and the matter is dragging for last two years.

Accordingly, petitioner/defendant has prayed for a direction upon the court below for expeditious disposal of the suit.

Since the prayer made on behalf of the petitioner is innocuous and if any order is passed in terms of aforesaid prayer made by the petitioner, opposite party will have no cause to prejudice, the service of copy of application along with notice upon the opposite party is dispensed with.

Having heard learned counsel appearing on behalf of the petitioner and that the matter is pending since long I find that the prayer made on behalf of the petitioner in the application is justified and is required to be allowed for the ends of justice, C.O. 3909 of 2024 is hereby disposed of with a direction upon the court below to make every endeavour for expeditious disposal of the suit as well as the interlocutory application and to conclude the entire proceeding preferably within a period of six months from the date of communication of this order.

Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)