Smt. Kadhija Bibi v. Shri K.Mohammed Ali And ORS.

IN THE HIG1H COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CO/55/2023 Smt. Kadhija Bibi ... Petitioner Vs.

Shri K. Mohammed Ali and Ors. ...Opposite Parties Mr. Rakesh Pal Gobind ... for the Petitioner Mrs. Anjili Nag ...for the Opposite Parties October 18, 2023 [ M.A.Mobin] Item No.7 The instant Civil Revision was filed for an innocuous prayer for speedy disposal of a suit being Title Suit No.04 of 2016 pending before the learned Court of Civil Judge, Junior Division, 1st Court, Port Blair.

Learned Advocate for the Parties appearing to this Court submits that there is possibility to dispose of the instant suit itself if the necessary order be passed. The hearing of an application under Order 39 Rule 1 & 2 is pending and to determine the said petition the Commissioner's reports have been submitted which are pending for determination before the learned Trial Judge. Heard the Ld. Advocates.

It appears that written statement has already been submitted.

Considering the same I hold that the interlocutory application may be disposed of in the suit by passing a specific order that the interim order to stay be extended till disposal of the suit.

The learned Trial Judge is directed to hear the suit itself after framing issues and dispose of the suit most preferably within six months.

I make it clear that the reports of the Commissioner may be used to determine the merit of the suit at final stage.

Learned Trial Judge shall proceed according to the direction made above.

Accordingly, the Civil Revisional application is disposed of.

(Subhendu Samanta, J.)