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Calcutta High CourtCO/1585/2020disposed

Mukul Agarwal Nee Bagrodia v. Abha Bagrodia And ORS

2020-12-18Hon'Ble Justice Shampa Sarkar4 pages

18.12.2020 C.O. 1585 of 2020 Sn MUKUL AGARWAL(NEE BAGRODIA) VS. ABHA BAGRODIA & ORS.

Mr. Tanmoy Mukherjee ..for the petitioner The petitioner is the plaintiff in Title Suit No.83 of 2015, pending before the learned Civil Judge (Senior Division), 2nd Court at Alipore, District South 24 Parganas. The petitioner is aggrieved by the inordinate delay caused in the disposal of the suit.

It is submitted that the Evidence-in-Chief of P.W.-1 was completed on February 23, 2017. The cross examination of the P.W.1 started on March 17, 2017 and since then dates have been fixed for cross examination of P.W.1 but cross examination of P.W.1 has not been completed. It is further informed that the next date fixed by the learned Court below is December 23, 2020.

Without going into the merits of the case and without making any observations with regard to the claims and counter claims of the parties, this revisional application is disposed of with a direction upon the learned Court below to expedite the disposal of Title Suit No.83 of 2015, pending

before the learned Civil Judge(Senior Division), 2nd Court at Alipore, District South 24 Parganas as expeditiously as possible preferably within a period of six months from the next date fixed.

This order is being passed in view of the fact that the Court is now functioning normally. The learned Court below will dispose of the suit independently and in accordance with law.

The petitioner is directed to serve a copy of the revisional application along with a server copy of this order upon the opposite party no.1 within a week from date. This revisional application is disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this orde4r be given to the parties on priority basis, if the same is applied for. (Shampa Sarkar, J.)