Anita Chowdhury And ANR v. Nazim Hossain And ORS

25.2.2025 Ct. no. 237 sb CO 3911 of 2024 Anita Chowdhury & Anr.

Vs.

Nazim Hossain & Ors.

Mr. Partha Pratim Roy ...for the Petitioners This is an application wherein the petitioners have prayed for expeditious disposal of Title Suit no. 200 of 2005, presently pending before the learned Civil Judge (Senior Division), 2nd Court, Berhampore, Murshidabad.

It is submitted on behalf of the petitioners that the plaintiffs filed the suit for declaration of title and injunction in the year 2005 and in spite of passing about 20 years, the suit is still pending for evidence and the proceeding has not yet been concluded and as such, a direction may be passed upon the court below for expeditious disposal of the aforesaid long pending suit.

Since the prayer made by the petitioners is innocuous and if any order is passed in terms of the prayer made in this application, opposite party will have no cause to prejudice, the service of copy of the Application or notice upon the opposite parties is dispensed with.

Considering the facts and circumstances of the case and that the prayer made by the petitioners is

justified, considering age of pendency of the suit, the revisional application being C.O. 3911 of 2024 is hereby disposed of with a direction upon the court below to make every endeavour for expeditious disposal of the suit at the earliest without granting any unnecessary adjournment to either of the parties and also taking aid from Order XVII of the Code of Civil Procedure and to dispose of the entire proceeding of the suit preferably within a period of six months from the date of communication of the 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.)