The petitioner further submits that the opposite parties have received summons. As inordinate delay was causing in disposal of the probate proceeding, the petitioner preferred a revisional application being C.O. 1456 of 2021 before this court and this Hon’ble Court, upon hearing the submissions, allowed the prayer for expeditious disposal of original suit no. 17 of 2019 with a direction to dispose of the case within a period of six months from the date of communication of the order on priority basis as the matter dates back to 2002. The said order was duly communicated to the learned court below but the 1st Court of learned Additional District Judge at Barasat, North 24 Parganas was lying vacant for a long time. Subsequently, the said court started functioning but the said proceeding is still pending as learned court below had been mechanically fixing dates in the case, without appreciating that the proceeding is pending since 2002 and taking advantage of pendency of the suit, the opposite party are trying to grab the bequeathed properly by any means. Accordingly, the petitioner has prayed for aforesaid intra-district transfer, so that the matter cannot get delayed any further.
