← Library
Calcutta High CourtCO/3940/2022disposed

Prasanta Kumar Shit v. Susanta Kumar Shit And ANR

2023-10-03Hon'Ble Justice Shampa Sarkar2 pages

03.10.2023 Sl. No.271(DL) srm C.O. No. 3940 of 2022 Prasanta Kumar Shit

Versus

Sri Susanta Kumar Shit & Anr.

Sk. Hossain Ali ...for the Petitioner.

The petitioner is the plaintiff in Title Suit No.212 of 2021, which is pending before the learned Civil Judge (Junior Division), 1st Court, Bankura.

The petitioner prays for expeditious disposal of the said title suit along with all pending applications. Considering the submissions, the Court is of the view that 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.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court below to dispose of the applications, if any, within a period of six months from the date communication of this order, independently and strictly in accordance with law, upon

granting adequate opportunity to the respective parties to contest the proceedings. Thereafter, the court shall proceed with the suit in accordance with law and dispose of the same within a period of one year from the date of disposal of the applications. Unnecessary adjournments shall not be granted to any of the parties.

This Court has neither gone into the merits of the applications nor gone into the merits of the suit. A copy of the revisional application along with a server copy of this order be served upon the opposite parties within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)