Krishna Rani Ghosh Vs Kabi Sukanta Sishu Udyan and Ors. — Calcutta HC (2025) — LawSathi Research

Krishna Rani Ghosh Vs Kabi Sukanta Sishu Udyan and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction issued to the learned Civil Judge (Senior Division), Siliguri to dispose of Title Suit (Partition) No.41/2018 and draw up the final decree expeditiously without unnecessary adjournments; service of notice on the opposite parties dispensed with; petitioner's counsel at liberty to communicate the order to the trial judge for information and compliance.

Issue for consideration

Whether the High Court should direct expeditious disposal of Title Suit (Partition) No.41/2018 pending before the learned Civil Judge (Senior Division), Siliguri, and drawing up of its final decree. +1 more

Court's answer

The learned Civil Judge (Senior Division), Siliguri is directed to dispose of Title Suit (Partition) No.41/2018 and draw up the final decree as expeditiously as possible, without giving any further unnecessary adjournment to either of the parties.

Ratio / Principle

Service of notice upon the opposite parties stands dispensed with, as they would not suffer in any manner whatsoever if an order for expeditious disposal is passed.

Detailed headnote1 paragraphs

Revisional application (C.O. 53 of 2025) by Krishna Rani Ghosh before the High Court at Calcutta, Circuit Bench at Jalpaiguri (Bibhas Ranjan De, J.), praying for early disposal of Title Suit (Partition) No.41/2018 pending before the learned Civil Judge (Senior Division), Siliguri, against Kabi Sukanta Sishu Udyan & Ors. A preliminary decree had been passed in 2022 and the suit stood adjourned on several occasions; the petitioner, a cancer patient under treatment at Tata Memorial Hospital, Mumbai since 18.09.2024, sought expeditious disposal. Notice upon the opposite parties was dispensed with, and the trial judge was directed to dispose of the suit and draw up the final decree as expeditiously as possible without giving further unnecessary adjournments to either party. Revisional application disposed of; petitioner's counsel permitted to communicate the order to the trial judge.

02.04.2025 Sl. No.96 Ct. No.3 K.S.

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI

C.O. 53 of 2025

Krishna Rani Ghosh

-Versus-

Kabi Sukanta Sishu Udyan & Ors.

Mr. Biplab Kumar Sengupta Mr. Uday Sankar Sarkar Mr. Alok Bhowmick Ms. Tamalika Sarkar

…..For the Petitioner

This revisional application has been preferred with a prayer for early disposal of the Title Suit (Partition) No.41/2018 pending before the learned Civil Judge (Senior Division) at Siliguri.

It is submitted on behalf of the petitioner that the preliminary decree was passed in this suit in the year 2022 and thereafter, the suit was adjourned on several occasions.

That apart, it is submitted that the petitioner is a Cancer patient and on and from 18.09.2024 she is being treated in Tata Memorial Hospital at Mumbai. However, the prayer in this revisional application is for passing necessary direction for expeditious disposal.

In these circumstances, I do not find any necessity to ask the petitioner to serve notice upon the opposite parties, who will not suffer in any manner whatsoever if an order for expeditious disposal is passed by this Court and accordingly, the service of notice upon the opposite parties stands dispensed with.

2

Accordingly, learned Civil Judge (Senior Division), Siliguri is directed to dispose of the Title Suit (Partition) No.41/2018 and draw up final decree as expeditiously as possible without giving any further unnecessary adjournment to either of the parties.

With this aforesaid observation, revisional application stands disposed of.

Learned counsel appearing on behalf of the petitioner is at liberty to communicate this order to the learned Trial Judge for information and compliance.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(Bibhas Ranjan De, J.)