Abtareep Mahanti v. Tamal Kanti De And ANR

July 18, 2023 Sl. No.70 Court No.19 s.biswas CO 4009 of 2022 Antareep Mahanti vs.

Tamal Kanti De and another Mr. Suryasarathi Basu ... for the petitioner The petitioner is the plaintiff in Title Suit No.167 of 2015, which is pending before the learned Civil Judge (Senior Division), 10th Court, Alipore, South 24 Parganas. It is submitted that an application for temporary injunction is pending since long. The petitioner prays for expeditious disposal of the pending application as also the suit.

Under such circumstances, this court is of the view that justice would be subserved, if the learned court below is directed to dispose of the said pending application as also the suit, expeditiously.

This court has neither gone into the merits of the application nor into the merits of the suit. An order of expeditious disposal of any litigation, enures to the benefit of all the parties. Hence, prior service of this revisional application upon the opposite parties, would not be necessary. The prayer is innocuous.

The revisional application is disposed of with a direction upon the learned court below to dispose of the pending application within a period of two months from the next date fixed and thereafter make

an endeavour to proceed with the suit and dispose of the same within a period of one year after disposal of the application, without granting unnecessary adjournments to either of the parties and upon granting adequate opportunity to the opposite parties to contest the proceedings. The learned court below shall proceed strictly in accordance with law and independently.

Petitioner is directed to serve a copy of this revisional application along with the server copy of this order upon the opposite parties.

Accordingly, the revisional application is disposed of.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)