The trial on evidence of the petitioner and the erstwhile defendant no.1 in connection with the instant suit as on date stands completed. However, it is the respondent no.2, whose cross-examination that had commenced way back in the year 2017, stands yet to be concluded due to the various dilatory tactics adopted by the respondent no.2 with a view to cause inordinate delay in adjudicating the suit. It is also submitted by the petitioner that the defendants in their written statement have stated that Flat No.3A was purchased in the joint names of the plaintiff and the defendant and the consideration shown in the name of the plaintiff, in fact, provided by defendant no.1. The defendants in the written statement have also reiterated that Flat Nos.3A in the joint names of plaintiff and the defendant no.2 and 3B was purchased by the defendant no.1 along with defendant no.3. The plaintiff does not have any right, title and interest in any manner whatsoever in respect of Flat No.3B. The petitioner further submits that in spite of admitted share of the parties in the suit property, the suit for partition in respect of schedule mentioned properties to the plaint gets delayed due to various reasons. In such circumstances, it is necessary that the suit being T. S. No. 16 of 2018 pending before the Learned 5th Civil Judge (Sr. Div.) at Alipore and all other applications in connection therewith be transferred to this Hon’ble Court in exercise of extraordinary original jurisdiction and that the same to be heard and tried by this Hon’ble Court, in the wake of the fact that there has been no progress in the hearing of this instant suit before the said court below, due to
