The High Court disposed of a revisional application filed for expeditious disposal of a pending title suit, directing the learned Civil Judge to conclude the suit within one year without prior service on the opposite party.
The learned Civil Judge is directed to dispose of the Title Suit No.908 of 2019 within one year from the next date fixed.
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12.07.2023 Sl. No.57(DL) srm
C.O. No. 572 of 2023
Goutam Mondal
Versus
Sabari Ghosh
Mr. Anil Kumar Chatterjee, Mr. Dinesh Pani
…for the Petitioner.
The petitioner prays for early disposal of the Title Suit No.908 of 2019 which is pending before the learned Civil Judge (Junior Division), 7th Court at Howrah.
It is submitted that the issues have been framed but the evidence has not yet started.
Considering the age of the suit, the prayer of the petitioner appears to be reasonable.
An order of expeditious disposal of any litigation enures to the benefit of all the parties and hence prior service of this revisional application upon the opposite party is not required. The prayer is innocuous.
Under such circumstances, the revisional application is disposed of with a direction upon the learned court below to dispose of the Title Suit No.908 of 2019 within a period of one year from the next date fixed, strictly in accordance with law
2
and independently. Unnecessary adjournments shall not be granted to any of the parties.
This Court has not gone into the merits of the title suit.
A copy of the revisional application along with a server
copy of this order be served upon the opposite party within a week.
The revisional application is, thus, disposed of.
There will be, however, no order as to costs.
Parties are to act on the basis of the server copy of this
order.
(Shampa Sarkar, J.)
1 issue framed by the court
Whether the revisional application for expeditious disposal of a pending title suit can be disposed of without serving the opposite party.
2 provisions across 2 enactments
Goutam Mondal
Sabari Ghosh
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
