Amar Devi And ORS v. Narayan Dei And ORS

IN THE HIG1H COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CO/53/2023 Smti. Amar Devi and Ors. ... Petitioners/Plaintiffs Vs.

Smti. Narayan Dei and Ors.

...Opposite Parties/Defendants Mr. KMB Jayapal ... for the Petitioners Mr. N.A. Khan ...for the Respondent October 12, 2023 [ M.A.Mobin] Item No.5 This is an application under Article 227 of the Constitution of India for an innocuous prayer for speedy disposal of the Title Suit No.18 of 2019 pending before the learned Joint Civil Judge, Senior Division, Port Blair. It appears that the Title Suit was filed in the year 2018. Thereafter, it was transferred to the learned Trial Judge. The suit was preferred for partition and declaration and for cancellation of a will.

The learned Advocate for the petitioners submits that necessary direction be made so that the suit may be disposed of as early as possible.

Heard the learned Advocate. Perused the prayer. It appears that the notice is not required to be served as the prayer of the instant revision shall not prejudice any of the parties to the suit. Accordingly, the instant CO 53 of 2023

is disposed of with a direction that the learned Trial Judge i.e. the Joint Civil Judge, Senior Division, Port Blair shall dispose of the suit within December 2024.

As the Affidavit-in-Opposition is not exchanged, so the allegation made in the petition shall deem to have been not admitted.

(Subhendu Samanta, J.)