Petitioners filed a revisional application seeking expeditious disposal of pending applications in a title suit before the Civil Court. The High Court directed the lower court to decide the matter within two months.
Direction to the learned Civil Judge below to dispose of the pending applications in Title Suit No. 17 of 2017 within two months.
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Sn 10.2.21 49
C.O. 308 of 2021
SIBA PRASAD GUHA & ANR. VS. SMT. SANTI GUHA & ORS.
Mr. Sibasis Ghosh Mr. Ardhendu Nag Mr. N.N. Chattopadhyay ..for the petitioners
This revisional application has been filed by the petitioners for expeditious disposal of the Title Suit No. 17 of 2017 pending before the learned Civil Judge, Senior Division, 1st Court, Barrackpore, District North 24 Parganas.
It is submitted by Mr. Ghosh, learned Advocate for the petitioners that an application under Order 8 Rule 10 as also under Order 39 Rule 1&2 of the Code of Civil Procedure are pending before the learned Court below. It is submitted that the written objections to the application as well as the written statement has not been filed and several dates have been allowed.
This Court is not required to make any observation on such submissions at this stage but, the prayer of Mr. Ghosh for a direction upon the learned Court below to dispose of the pending applications at an early date is innocuous.
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This revisional application is disposed of with a direction upon the learned Court below to dispose of the pending applications in connection with Title Suit No. 17 of 2017 as expeditiously as possible preferably within a period of two months from the next date fixed.
This Court has not gone into the merits of the claim, counterclaim and maintainability of the pending applications. The learned Court below will proceed independently and in accordance with law without being influenced by any observations made hereinabove.
The petitioners are 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.)
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1 issue framed by the court
Whether the learned Civil Judge below should dispose of pending applications expeditiously
2 provisions across 2 enactments
SIBA PRASAD GUHA & ANR.
SMT. SANTI GUHA & ORS.
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
