High Court directed trial court to dispose pending title suit and applications within six months urgently, avoiding unnecessary adjournments, declaring prior service unnecessary for expediting civil litigation.
Directed trial court to dispose pending suit and applications within six months after one month.
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March 12, 2024 Sl. No.7 Court No.19 s.biswas
CO 147 of 2024
Sri Subhendu Kumar Dutta
vs. Sri Prabir Dutta and others
Mr. Kaustav Chandra Das
… for the petitioner
The petitioner seeks expeditious disposal of Title Suit No.12119 of 2013 along with the pending applications. The proceedings are pending before the learned Civil Judge (Senior Division), 4th Court at Alipore, South 24 Parganas.
It is submitted that the preliminary decree was passed in 2014.
Under such circumstances, this court is of the view that justice would be subserved, if the learned court is directed to dispose of the said suit as also the applications, on an urgent basis.
This court has neither gone into the merits of the suit nor into the merits of the applications. An order of expeditious disposal of any litigation, enures to the benefit of all the parties. Hence, prior service of this revisional application would not be necessary. The prayer is innocuous and very reasonable.
The revisional application is disposed of with a direction upon the learned court to dispose of the pending applications within a month from the next date fixed, without granting unnecessary adjournments to either of the parties and upon
2
disposal of the applications, the suit shall be proceeded with and disposed of within a period of six months thereafter, upon granting adequate opportunity to the opposite parties to contest the proceedings. The learned court shall proceed strictly in accordance with law and independently.
Petitioner is directed to serve a copy of this revisional application along with the server copy of this order upon the opposite parties.
Accordingly, the revisional application is disposed of.
All the parties are directed to act on the basis of the server copy of this order.
2 issues framed by the court
Whether revisional application for expeditious disposal of pending suit and applications should be entertained despite lack of preliminary service.
Whether direction for disposal of pending litigation within specified time frame serves interest of justice.
Subhendu Kumar Dutta
Prabir Dutta
s. biswas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
