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Calcutta High CourtCO/43/2023disposed

Shri Amal Das v. Shri Bimal Das And ORS.

2023-08-24Hon'Ble Justice Ananya Bandyopadhyay2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CO/43/2023 Shri Amal Das ... Petitioner Vs.

Shri Bimal Das and Ors. ... Opposite Parties Mr. Ananda Halder ... for the Petitioner Mr. Gopala Binnu Kumar ...for the Opposite Parties August 24, 2023 [Bithika] Item No.42 Learned Advocate for the petitioner submits that suit for right, title, interest and partition and cancellation of Sale Deed and a Gift Deed as narrated in paragraph No. 2 of the instant application is pending before the learned Court of Civil Judge (Senior Division), Port Blair since 2019. Pleadings have been completed and the prayer in an application for appointment of Commissioner was granted. Commissioner has been appointed, however the report is yet to be filed by the same.

Learned Advocate for the petitioner further submits due to inordinate delay in disposing of the aforesaid suit being Title Suit No. 86 of 2019 he is suffering financially since he has already purchased a certain portion of the suit property and accordingly, prays for expeditious disposal of the suit.

Learned Advocate for the respondents concedes to the same.

Learned Trial Court is therefore to dispose of the Title Suit No. 86 of 2019 preferably within a period of one year without granting unnecessary adjournment to either of the parties.

CO 43 of 2023 is disposed of.

A copy of this order be communicated to the learned Trial Court for information and necessary compliance. (Ananya Bandyopadhyay, J.)