Dudh Kumar Mondal And ANR v. Subhas Mondal And ORS

23.04.2024 Court No. 19 Item no.10 CP CO/4049/2023 DUDH KUMAR MONDAL AND ORS.

VS SUBHAS MONDAL AND ORS.

Mr. Shamik Bagchi .....for the petitioners.

The application seeking expeditious disposal of Title Suit No. 1757 of 2017 is premature.

It appears that the written statement has not yet been accepted and a written objection has been filed by the plaintiff, to the prayer for acceptance of the written statement. Unless the said proceedings are decided, the question of directing expeditious disposal of the suit does not arise.

Under such circumstances, the application is disposed of with a request to the learned court to dispose of the prayer for acceptance of the written statement made by the defendant along with the objection filed by the petitioners, within a month from the next date fixed. As no mandatory orders are passed, there is no requirement of prior service of this application upon the opposite parties.

Thereafter, the learned court shall proceed with the hearing of other applications and the suit expeditiously, and in accordance with law.

This court has not expressed any opinion on the merits of the applications and the suit. 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, within a week. 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.)