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Calcutta High CourtCO/4214/2025disposed

Biswanath Naskar And ANR v. Haran Chandra Mondal And ANR

2025-12-10Hon'Ble Justice Shampa Sarkar2 pages

Item No.199 10.12.2025 Court. No. 6 GB C.O. 4214 of 2025 Biswanath Naskar & Anr.

Vs.

Sri Haran Chandra Mondal & Anr.

Mr. Rafikul Islam Sardar, Mr. Uttam Kumar Pradhan ... for the Petitioners.

1. By this application, the petitioners seek expeditious disposal of the Title Suit No.28 of 2022 along with two applications. One under Order 7 Rule 11 and the other under Order 39 Rule 4 read with Section 151 of the Code of Civil Procedure . The proceedings are pending before the learned Civil Judge (Junior Division), 2nd Court at Baruipur.

2. Considering the submissions, the Court is of the view that 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. Hence, there is no requirement for service of prior notice upon the opposite parties.

3. The revisional application is disposed of with a direction upon the learned trial court to dispose of the applications within a period of four months from the next date fixed, as per the seriality they deserve. Adequate opportunity shall be given to the parties to contest the same.

4. This court has neither expressed any opinion on the merits of the pending applications nor on the merits of the suit. The learned court shall proceed independently and in accordance with law.

5. A copy of the revisional application, along with a server copy of this order be served upon the opposite party and/or the learned advocate contesting the matter on behalf of the opposite party in the learned trial court.

6. The revisional application is accordingly disposed of.

7. There shall be no order as to costs.

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