Sekh Abdul Hasan v. Sandhya Basu And ORS

Item No.7 13.03.2024 Court. No. 19 GB C.O. 4044 of 2023 Sekh Abdul Hasan Vs.

Sandhya Basu & Ors.

Mr. Gourav Kumar Nath, Mr. Subhajyoti Chandra ... for the Petitioner.

The petitioner is the plaintiff, who prays for expeditious disposal of Title Suit No.86 of 2014, which is pending before the Learned Civil Judge (Junior Division), Basirhart, District - 24 Parganas (North).

The petitioner states that issues have not yet been framed. It is further stated that an application for addition of parties is also pending.

Considering the submissions, this Court is of the view that the prayer of the petitioner 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.

The revisional application is disposed of with a direction upon the learned court below, to dispose of the application within a month from the next date fixed. Thereafter the suit shall be disposed of within a year. Adequate opportunity shall be given to the parties to contest the same.

This court has neither expressed any opinion on the merits of the suit nor on the merits of the application. The

learned court shall proceed independently and in accordance with law.

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.

The revisional application is accordingly disposed of. There shall be no order as to costs.

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