Ajanta Dutta vs Sumit Dutta Rep. Of Gayatri Dutta Since Deceased & Ors

Shampa Sarkar, J

The petitioner is the plaintiff in Title Suit No. 33 of 1997 pending before the learned 9th Civil Judge (Senior division) at Alipore. It appears that the Miscellaneous Case No. 9 of 1999 arising out of Title suit No. 33 of 1997 was initiated by the petitioner under Section 4 of the Partition Act. The said application under Section 4 of the Partition Act was allowed on contest by an order dated May 16, 2007.

It was declared that the plaintiff no. 1 would be entitled to pre-empt the share of the opposite party no. 3 ie. Sri Mihir Kumar Das in the suit property on payment of market value of the share of the suit property.

The learned 1st Court of Civil Judge (Senior Division), Alipore was requested to send the name of a competent valuer commissioner for assessment of the market value of the share of the opposite party no. 3. It was further declared that on payment of the amount to the opposite party no. 3, the opposite party no. 3 shall execute a proper deed of conveyance of his whole share in favour of the plaintiff no. 1.

Thereafter, the valuer commissioner submitted the report with regard to the valuation of the property of the opposite party no. 3 but the said report is yet to be accepted by the learned court below.

It appears that the learned court below has fixed the dates for hearing of the Commissioner's report on several occasions but the said hearing has not yet been completed.

Under such circumstances, the petitioner prays for expeditious disposal of the Misc. Case No. 9 of 1999 arising out of the Title suit No. 33 of 1997.

Having considered the records, I find that although several dates have been fixed for hearing of the Commissioner's report but the said hearing has not yet been concluded.

Under such circumstances, the learned court below is requested to complete the hearing of the Commissioner's report on the next date fixed or on a subsequent date but preferably within a period of two months from the date of communication of this order without granting any adjournment to either of the parties.

The petitioner is directed to serve a copy of this revisional application upon the opposite parties along with the server copy of this order by speed post within a week from date.

The revisional application is this disposed of.

There will be, however, no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.