Pradyut Kumar Pal And ANR v. Madhab Mondal And ANR

06.09.2024 Ct. No.22 pg.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 3703 of 2022 with IA No. CAN 1 of 2024 with CAN 2 of 2024 Pradyut Kumar Pal & Anr.

Vs.

Madhab Mondal & Anr.

Mr. Sushanta Kumar Laha Mr. Sudhir Kumar Bhattacharjee ... For the petitioners/applicants In re: CAN 1 of 2024 1.

Learned counsel appearing on behalf of the petitioners/applicants, in the motion stage, filed two applications, being CAN 1 of 2024 and CAN 2 of 2024. CAN 1 of 2024 is for condonation of delay of 91 days in filing the substitution application, i.e., CAN 2 of 2024. 2.

Learned counsel appearing on behalf of the applicants/petitioners has submitted that paragraph 3 of the instant application deals with the grounds for delay. 3.

The grounds mentioned in paragraph 3 is found satisfactory. The delay is condoned.

4.

CAN 1 of 2024 is, accordingly, disposed of.

In re: CAN 2 of 2024 5.

Learned counsel appearing on behalf of the petitioners/applicants has drawn my attention to the

death certificate of Pradyut Kumar Pal, the petitioner no.1 of the revisional application, who died on 6th July, 2023, leaving his only son Supriya Pal as the wife of the deceased petitioner no.1, is already on record. 7.

Given facts and circumstances, prayer for the substitution stands allowed.

8.

Department is directed to incorporate the name of the legal heir in place of the petitioner no.1, Pradyut Kumar Pal.

9.

The application, being CAN 2 of 2024, stands disposed of accordingly.

In re: CO 3703 of 2022 10.

This revisional application has been preferred with a prayer for expeditious disposal of Title Suit No.183 of 2016 pending before the learned Civil Judge (Junior Division), 2nd Court, Burdwan.

11.

Considering the nature of prayer of this revisional application, I do not find any reason to ask the petitioners to serve notice upon the opposite parties. Thus, service of notice upon the opposite parties stands dispensed with. 12.

Accordingly, the learned Civil Judge (Junior Division), 2nd Court, Burdwan, is requested to dispose of the Title Suit No.183 of 2016 as early as possible, preferably within six months from the date of communication of this order.

13.

With the aforesaid observation, the revisional application, being CO 3703 of 2022, stands disposed of. 14.

Learned counsel appearing on behalf of the petitioners is at liberty to bring this order to the notice of the learned Civil Judge (Junior Division), 2nd Court, Burdwan, forthwith.

15.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

16.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)