Rupa Dome v. Aditya Mallick

08,DL,Ct.23.

27.11.2020.

AJ.

C.O. 1259 of 2020 I.A. No. 1 of 2020 (Through Video Conference) Smt. Rupa Dome & Anr.

-Vs- Aditya Mallick & Ors.

Mr. Swapan Banerjee, Mr. Kunal Ganguly.

... for the petitioners.

Affidavit-of-service filed in Court today be kept with the record. None appears on behalf on behalf of the opposite parties in spite of service. The plaintiffs in a suit for partition being Title Suit No. 23 of 2015 pending before the learned Civil Judge (Senior Division), Bankura are the petitioners of the present revisional application under Article 227 of the Constitution of India.

The petitioners are seeking transfer of the said suit from the Court where it is pending to any competent Court within the district of Purba Bardhaman inter alia on the ground of illness of the petitioner no.1.

On perusal of the records it appears that the suit is at the very mature stage. The evidence of the plaintiffs has already been recorded. At this stage, transfer as sought for is not warranted

rather, it would be appropriate, if the suit is directed to be disposed of expeditiously.

In view of such, C.O. 1259 of 2020 is disposed of with a direction upon the learned Civil Judge (Senior Division), Bankura to expedite the hearing of the Title Suit No. 23 of 2015 and to make all endeavour to conclude the same within a period of six months from the date of communication of this order.

The learned Trial Judge shall not entertain the prayer of the parties for any unnecessary adjournment to adhere to the time limit fixed by this Court for conclusion of the said suit.

The connected application being C.A.N 1 of 2020 is also disposed of accordingly.

There shall be no order for costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)