Shri Abdul Ansar v. Shri Mukhtar Ali And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CO/48/2023 Shri Abdul Ansar ... Petitioner/Sole Plaintiff Vs.

Shri Mukhtar Ali and Ors. ... Opposite Parties/Defendants Mr. K.M.B. Jayapal ... for the Petitioner October 10, 2023 [ M.A.Mobin] Item No.11 Mr.Jayapal, learned Advocate appearing on behalf of the petitioner submits that the service upon the Opposite Parties has been effected and Affidavit-of-Service has already been filed with the Department.

None appears on behalf of the Opposite Parties. Heard the learned Advocate for the petitioner. A very innocuous prayer is made on behalf of the petitioner. It appears that the present petitioner is the sole plaintiff who filed a Title Suit being No. TS 134 of 2013 before the learned Civil Judge, Senior Division, Port Blair, A & N Islands in the year, 2013. The suit was filed for partition and recovery of possession. Though the 10 years has been elapsed but the suit was not progressed effectively; consequent thereto the instant Writ application was preferred for expeditious disposal of the Title Suit.

Heard the learned Advocate. It appears from the Certified Copy in this order passed by the learned Trial Judge that the last date was fixed for filing written statement. It is surprising to note that though 10 years has already been glided away, no substantial progress has been made for the proceeding of the Title Suit. Accordingly, I think it necessary to pass proper direction upon the Trial Judge to dispose of the suit as expeditiously as possible. It appears that an order of expeditious disposal shall not prejudice any of the parties to the suit. Thus, the learned Civil Judge, Senior Division, Port Blair, Andaman & Nicobar Islands, is directed to dispose of the instant suit within the year 2024.

CO 48 of 2023 is disposed of along with connected CAN application.

As the Affidavit-in-Opposition is not used, so the allegations made in the petition are deemed to have been not admitted.

Learned Registrar is directed to communicate the order to the learned Trial Judge through the learned District Judge, Port Blair so that the direction of this Court may be complied in its true letter and spirit. (Subhendu Samanta, J.)