This revisional application directed the lower subordinate court to dispose of a pending title suit expeditiously and pass a preliminary decree within one year from the date of the order.
Direction to the civil court to pass a preliminary decree in the pending title suit within one year from the date of this order.
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Item No. 15 18.08.2023 Court. No. 19 GB
C.O. 2421 of 2023
Arati Maity Vs.
Laxmi Kanta Maity & Ors.
Mr. Arindam Paul
… for the Petitioner.
The petitioner prays for expeditious disposal of the Title Suit No.35 of 20217, which is pending before the learned Civil Judge (Junior Division), Kakdwip, District – South 24 Parganas.
It is submitted that the suit has not progressed.
Considering the age of the suit, this Court is of the view that the prayer of the petitioner is reasonable.
This Court has not expressed any opinion on the merits of the suit. An order of expeditious disposal enures to the benefit of all the parties and hence this revisional application need not be served upon the opposite parties before its disposal. The prayer is innocuous.
Under such circumstances, this Court directs the learned Civil Judge (Junior Division), Kakdwip, District – South 24 Parganas to proceed with the suit expeditiously and pass the preliminary decree within a year from date of communication of this order.
The learned court below shall proceed in accordance with law and independently, without granting unnecessary adjournments to either of the parties.
Accordingly, the revisional application is disposed of.
2
Petitioner is directed to serve a copy of the revisional application upon the opposite parties, along with a server copy of this order.
However, there will be no order as to costs.
Urgent photostat certified copy of this order, if applied
for, be given to the parties on priority basis.
(Shampa Sarkar, J.)
1 issue framed by the court
Whether to grant an order for expeditious disposal of a pending title suit and issue a preliminary decree within a year.
Arati Maity
Laxmi Kanta Maity
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
