In a revisional application regarding a pending partition suit, the High Court dismissed the application. It directed the trial court to dispose of the suit expeditiously within one year from the next date fixed.
Direction to the trial court to dispose of Title Suit No. 105 of 2011 expeditiously within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Sn 11.2.21 43
C.O. 304 of 2021
SHANTIMOY MUKHERJEE VS. SHYAMAL KANTI MUKHERJEE & ORS.
Mr. Piyashi Chakraborty ..for the petitioner
This revisional application has been filed for expeditious disposal of the Title Suit No. 105 of 2011, pending before the learned Civil Judge, Senior Division, Barasat, District North 24 Parganas. The suit is a partition suit.
It is submitted that no interlocutory applications are pending. It is also submitted that the suit is at the stage of evidence and it is prayed that the learned Court below be directed to dispose of the suit expeditiously.
This Court has not considered the merits of the suit. This Court finds that the prayer of the petitioner is an innocuous one.
Under such circumstances, this revisional application is disposed of with a direction upon the learned Court below to dispose of the Title Suit No. 105 of 2011 as expeditiously as possible, preferably within a period of one year from the next date fixed.
The learned Court below will proceed independently and in accordance with law without being
2
influenced by any observations made hereinabove.
The petitioner is directed to serve copies of the revisional application along with a server copy of this order upon the opposite parties within a week from date.
This revisional application is disposed of. There will be however no order as to costs.
Urgent photostat certified copy of this order be given to the parties on priority basis, if the same is applied for.
(Shampa Sarkar,J.)
Shantimoy Mukherjee
Shyamal Kanti Mukherjee
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
