In this revisional petition seeking expeditious disposal of a pending title suit, the learned Single Judge directed the civil court to decide the matter within six months, ensuring adequate opportunity for contest and prohibition of unnecessary adjournments.
Direction to the civil court to dispose of the suit within six months.
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Item No. 85 19.07.2023 Court. No. 19 GB
C.O. 995 of 2023
Harapada Mondal & Anr. Vs. Kartick Mondal & Ors.
Mr. Sabyasachi Mukherjee, Ms. Debarati Chaudhury, Mr. Mrinmoy Nandi, Mr. Syed Neaz Ahmead
… for the Petitioners.
The plaintiffs in Title Suit No.362 of 1988, which is pending before the learned Civil Judge (Junior Division), 1st Court at Barastat, District – North 24 Parganas, pray for expeditious disposal of the suit.
It is submitted that additional written statement has not yet been filed and the next date has been fixed on August 29, 2023 for cross-examination of P.W.1 as also for filing of the additional written statement to the amended plaint.
Considering the age of the suit, this Court is of the view that the prayer of the petitioners 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), 1st Court at Barastat, District – North 24 Parganas to dispose of the suit within a period of six months from the next date fixed, upon giving
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adequate opportunity to the opposite parties to contest the suit.
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. Petitioners are directed to serve a copy of the revisional application upon the opposite parties, along with the 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 expeditious disposal directions for a pending civil suit.
Harapada Mondal
Kartick Mondal
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
