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Calcutta High CourtCO/3945/2024disposed

Subhra Bhattacharya Alias Suvro Bhattacharjee And ANR v. Sebarani Kundu And ANR

2025-01-30Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

30.1.2025 Ct. no. 237 sb CO 3945 of 2024 Subhra Bhattacharya @ Suvro Bhattacharjee & Anr.

Vs.

Sebarani Kundu & Anr.

Mr. Dyutimoy Paul ...for the Petitioners This is an application wherein the petitioner has prayed for expeditious disposal of three long pending applications in connection with O.S. Will case no. 6 of 2004, presently pending before the learned Additional District Judge, Special Court, Burdwan.

It is submitted on behalf of the petitioners that those three applications were filed in the middle of the year, 2023 but those applications have not yet disposed of by the Trial Court and accordingly, the petitioners prayed for a direction before the Trial Court to dispose of those applications and to expedite the final hearing of the said Will case being O.S. Will case no. 6 of 2004.

Since the prayer made on behalf of the petitioners is innocuous and if any order passed in terms of the prayer made in the petition, neither party

will have a cause to prejudice, the service of copy of the application or notice upon the opposite parties is hereby dispensed with.

Since the prayer made by the petitioners is quite justified, let C.O. 3945 of 2024 is hereby disposed of with a direction upon the court below to dispose of all the three applications being application in connection with payment of cost dated 7th June, 2023, the application in connection with substitution dated 2nd August, 2023 and the application in connection with interrogatories dated 2nd August, 2023 on the next date of hearing i.e. on 26th February, 2025 or within a month thereafter.

Learned court below is also directed to make every endeavour for expeditious disposal of the original application being O.S. Will case no. 6 of 2004. 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.)