Radha Chakraborty v. Mira Goswami

Item No.11 03.04.2024 Court. No. 19 GB C.O. 4318 of 2023 Radha Chakraborty Vs.

Mira Goswami Mr. Falguni Bandyopadhyay, Ms. Riya Ballav ... for the Petitioner.

By this application, the petitioner seeks expeditious disposal of the Title Suit No.318 of 2017, which is pending before the learned Civil Judge (Senior Division), 2nd Court at Baruipur.

It is contended that the suit was sent for resolution through mediation, but the mediation has failed. The suit is now at the stage of peremptory hearing. No applications are pending.

Considering the submissions, this 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 party.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court to make a sincere endeavour to dispose of the suit within a year from the next date fixed. Adequate opportunity shall be given 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.

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.)