Bhagwan Singh v. Vallava Rao

21.02.2022 Ct. 21 PB 1 ab CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT PORT BLAIR

Appellate Side C.O. 9 of 2021 (Via Video Conference) Bhagwan Singh -VsM. Vallava Rao & Anr.

Mr. Arul Prasanti, ... for the petitioner Mr. Arul Prasant, learned advocate appears for the petitioner.

Record shows that the notice of this application has not been served on the opposite parties.

The petitioners by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the application under Order 12 Rule 6 of the Code of Civil Procedure in connection with Other Suit No. 36 of 2016, pending before the learned Civil Judge (Senior Division) at Mayabunder.

The learned advocate for the petitioner submits that the learned Court below has been granting unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioner.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the interlocutory application, I do not find any need to

serve notice of the present application on the opposite parties and it is not likely to cause any prejudice to the interest of the opposite parties. Therefore, service of notice upon the opposite parties is dispensed with. The learned Civil Judge (Senior Division) at Mayabunder, is requested to dispose of the application under Order 12 rule 6 of the Code of Civil Procedure in connection with Other Suit No. 36 of 2016, within a period 15 days from the date of receipt of the copy of this order.

Accordingly, the revisional application being C.O. 9 of 2021 is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)