Ruby Bhowmick Nee Roy v. Saibal Saha And ANR.

21.03.2024 Ct. No. 19 Sl. No.17 Cp C.O. No. 4134 of 2023 Ruby Bhowmick nee Roy Vs.

Saibal Saha & anr.

Mr. Debnath Ganguly Mr. Aranya Saha .....for the petitioner.

The petitioner prays for expeditious disposal of O.S. No. 04 of 2011, which is pending before the learned Additional District Judge, 13th Court, Alipore. It is submitted that an application is also pending. 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.

Considering the age of the suit, the revisional application is disposed of with a direction upon the learned court to dispose of the application within a month from the next date fixed. Adequate opportunity shall be granted to the parties to contest the same. Thereafter the learned court is requested to make sincere endeavour to dispose of the suit within six months from the date of disposal of the application.

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