Smt. Dalia Mukherjee & Ors vs Smt. Shyamali Joardar ...
2021 Latest Caselaw 5822 Cal

   33
 sandip
 Ct. 18
24.11.2021

C.O. No. 1951 of 2021 (Via Video Conference) Smt. Dalia Mukherjee & Ors.

Vs.

Smt. Shyamali Joardar (Mukherjee)

Mr. Rabindra Narayan Dutta, Mr. Sibashis Ghosh, Mr. Hare Krishna Haldar ... For the petitioners.

The order proposed to be passed in the present

application under Article 227 of the Constitution of

India would not cause any prejudice to the opposite

party, as such, service of notice of the present

application upon the said opposite party is dispensed

with.

The suit for partition being Title Suit No. 118 of

2014 filed before the 1st Court of learned Civil Judge

(Senior Division), at Barasat, District - 24 Parganas

(North) was dismissed but the counter-claim of the

petitioners for a preliminary decree of partition of their

share in the suit property was allowed vide judgment

and order dated August 30, 2019.

The petitioners have applied for appointment of

Partition Commissioner to make the said preliminary

decree final.

The petitioners are complaining delay in disposal of

their said application.

Mr. Sibashis Ghosh, learned advocate appearing on

behalf of the petitioners submits that most of his

clients are senior citizens, as such, the final decree is

required to be passed expeditiously. He further

submits that May 07, 2022 is the next date fixed for

hearing of the said application for appointment of

Partition Commissioner, he prays that an earlier date

may be fixed for hearing of the said application.

Considering the said submission of Mr. Ghosh, the

learned Trial Judge is requested to expedite the

disposal of the said suit.

The petitioners are at liberty to approach the

learned Trial Judge for appropriate order.

C.O. 1951 of 2021 is disposed of with the above

terms without any order as to costs.

Urgent Photostat certified copy of this order, if

applied for, be supplied to the parties subject to

compliance with all requisite formalities.

(Biswajit Basu, J.)