Bratin Bihari Mukherjee v. Srimati Binata Mukherjee And ORS

18.09.2023 Court No. 19 Item no.10 CP C.O. No. 3806 of 2022 Sri Bratin Bihari Mukherjee & anr.

Vs.

Srimati Binata Mukherjee & ors.

Mr. Sanjib Kr. Mukhopadhyay Ms. Aparupa Bhattacharya Ms. Nargish Parveen ......for the petitioners.

The petitioners pray for expeditious disposal of Title Suit No. 406 of 2021, which is pending before the learned Judge, City Civil Court at Calcutta, 13th Bench.

It is submitted that the suit is fixed for framing of issues.

The prayer of the petitioners 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 and 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 suit within one year from the next date fixed. Adequate opportunity shall be granted to the parties to contest the same.

This court has not expressed any opinion on the merits of 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.)