Shri Manohar Singh And ORS. v. Shri Shobnath Singh And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** CO/11/2023 Shri Manohar Singh and others Vs.

Shri Shobnath Singh and others Ms. A.S.Zinu ... for the petitioners Mr. N.A.Khan ... for the respondent s September 27, 2023 [SR] Item No.15 The instant application under Article 227 of the Constitution of India is taken out by some of the defendants seeking an expeditious disposal of the suit. It appears that T.S.No.33 of 2004 was instituted for partition yet, it has not reached to the stage of passing the preliminary decree. Several applications are pending having filed by the respective parties in the said suit and in the meantime, an application for substitution, which was taken out by the plaintiffs and subsequently allowed by the Court is awaiting service of summons upon the substituted defendants. It is really a matter of concern that a partition suit instituted way back in 2004 has not reached to its logical end after a gap of nearly 19 years. This Court, therefore, expect that the Trial Court would show alacrity into it and every endeavour to dispose of the said suit as expeditiously as possible.

This Court further records that the Trial Court shall not indulge any of the parties to unnecessary adjournments and if necessary shall refuse the same and proceed with the case fixed on the said date. I further expect that the Trial Court would dispose of all pending applications within three months from the date of communication of this order.

With the above observations and directions, the CO/11/2023 is, thus, disposed of.

Urgent Photostat certified copies of this order, if applied for, be made available to the parties subject to compliance with requisite formalities.

( Harish Tandon, J. )