Biswanath Bera v. Sudhir Chandra Bera Since Deceased Rep. By His Legal Heirs Rita Ghosh And ORS

19.12.2023 Court No. 19 Item no.302 CP C.O. No. 4286 of 2023 Biswanath Bera Vs.

Sudhir Chandra Bera (since deceased) represented by Rita Ghosh & Ors.

Mr. S. K. Mondal Mr. Aniruddha Lahiri ........for the petitioner.

The petitioner prays for expeditious disposal of the Title Suit No. 27 of 2013, which is pending before the learned Civil Judge (Senior Division) at Serampore, Hooghly.

The petitioner submits that the preliminary decree was passed sometime in 2014 and the partition commissioner has submitted his report. 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 below to dispose of the suit within a period of six months 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.)