ARUP RATAN GOOPTU Vs. ANIL RATHI

JUDGEMENT

(1.) The innocuous prayer made in the instant application under Article 227 of the Constitution of India is for expeditious disposal of an application filed by the plaintiff/petitioner under Order XXXVIII Rule 5 of the Code of Civil Procedure in connection with Title Suit No. 669 of 2019, pending before the Civil Judge (Senior Division), Sixth Court at Alipore.

(2.) In view of the nature of the order proposed to be passed, no prior service of notice on the opposite party is deemed necessary. Learned counsel appearing for the petitioner fairly submits that the Sixth Court of Civil Judge (Senior Division) at Alipore is vacant at present and the interlocutory matters are being taken up by the presiding officer of some other court in charge of the matters.

(3.) However, since the application-in-question is pending since the year 2019, the court in charge of the matters is required to dispose of the petitioner's application as expeditiously as possible. However, keeping in mind the pandemic situation and the staggered manner in which district courts are functioning, a reasonable time ought to be given to the learned Trial Judge for such disposal.