Jamuna Pal Vs Chittaranjan Pal and Ors. — Writ and Judicial Review | Calcutta HC (2025)

Jamuna Pal Vs Chittaranjan Pal and Ors. — Writ and Judicial Review | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Request to the learned Civil Judge (Sr. Division), 1st Court-in-charge, Tamluk, Purba Medinipur to dispose of Title Suit No. 11 of 2007 as expeditiously as possible without granting any unnecessary adjournment to either party; no notice issued to the opposite parties, with the petitioner's advocate-on-record to forward a copy of the application and order to them or their advocate before the trial court.

Issue for consideration

Whether the High Court, in exercise of jurisdiction under Article 227 of the Constitution, should direct the learned trial judge to dispose of Title Suit No. 11 of 2007, including the final decree proceedings in the suit for partition, expeditiously.

Court's answer

The Court disposed of CO 283 of 2025 by requesting the learned Civil Judge (Sr. Division), 1st Court-in-charge, Tamluk, Purba Medinipur to make an endeavour to dispose of Title Suit No. 11 of 2007 as expeditiously as possible, without granting any unnecessary adjournment to either of the parties.

Ratio / Principle

No notice upon the opposite parties was necessary in view of the order sought and passed; the petitioner's advocate-on-record was obliged to forward a copy of the application along with the order to the opposite parties or to the learned advocate representing them before the learned trial judge.

Detailed headnote1 paragraphs

Constitution of India, Article 227 — Expedition of trial — Civil revision (CO 283 of 2025) by the plaintiff in Title Suit No. 11 of 2007, a suit for partition pending before the Civil Judge (Sr. Division), 1st Court, Tamluk, Purba Medinipur — Preliminary decree passed November 30, 2013; final decree proceedings commenced; Partition Commissioner appointed and report submitted; date fixed for filing objections — Held, disposing of the revision, the trial court was requested to make an endeavour to dispose of the suit as expeditiously as possible without granting any unnecessary adjournment to either of the parties; no notice on the opposite parties was required, and the petitioner's advocate-on-record was to forward a copy of the application and order to the opposite parties or their advocate. (Hiranmay Bhattacharyya, J.)

Court No. 6

CO 283 of 2025

(265719)

02.08.2025 (AD 27)

Jamuna Pal Vs. Chittaranjan Pal & Ors.

(S. Banerjee)

Mr. Dilip Kumar Sinha Mr. Sukdeb Sarkar

…for the petitioner

On the prayer of the learned advocate appearing for the petitioner, leave is granted to the learned advocate-on-record of the petitioner to amend the cause-title of the civil revision application, here and now.

This application under Article 227 of the Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Sr. Division), 1^st Court-in-charge at Tamluk, Purba Medinipur to dispose of the Title Suit No. 11 of 2007 expeditiously.

Learned advocate appearing for the petitioner submits that the preliminary decree was passed on November 30, 2013 and thereafter the final decree proceeding started. Partition Commissioner was appointed who submitted a report. He submits that

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the learned trial judge should be directed to dispose of the final decree proceedings in the suit for partition expeditiously.

In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite parties. However, the learned advocate-on-record of the petitioner shall be obliged to forward a copy of this application along with this order, upon the opposite parties or upon the learned advocate representing them before the learned trial judge.

From the order-sheets appended to this civil revision application this court finds that a date was fixed for filing objection to the report of the Partition Commissioner.

In the light of the submission made by the learned advocate appearing for the petitioner, CO 283 of 2025 stands disposed of by requesting the learned Civil Judge (Sr. Division), 1^st Court in-Charge at Tamluk, Purba Medinipur to make an endeavour to dispose of Title Suit No. 11 of 2007 as expeditiously as possible without granting any unnecessary adjournment to either of the parties.

(Hiranmay Bhattacharyya, J.)