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Calcutta High CourtCO/61/2022disposed

Pinky Barman Roy @ Pinky Roy v. Sriparna Mehera

2022-01-19Hon'Ble Justice Kesang Doma Bhutia2 pages

19.01.2022 Ct. 21 D/L 77 ab C.O. 61 of 2022 (Via Video Conference) Smt. Pinky Barman Roy @ Pinky Roy -VsSmt. Sriparna Mehera Mr. Subhankar Das, Mr. Bikram Sarkar, Mr. Neil Basu, ... for the petitioner Mr. Subhankar Das, learned advocate appears for the petitioner.

Record shows that the notice of this application has not been served on the opposite party.

The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the Title Suit No. 76 of 2015 as well as the application under Section 39 of the Specific Relief Act, 1963 read with Section 151 of the Code of Civil Procedure, pending before the learned Civil Judge (Senior Division), 3rd Court at Alipore, South 24 Parganas.

The learned advocate for the petitioner submits that the learned Court below has been granting unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioner.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the title suit, I do not find any need to serve notice of

the present application on the opposite parties and it is not likely to cause any prejudice to the interest of the opposite parties. Therefore, service of notice upon the opposite parties is dispensed with.

The learned Civil Judge (Senior Division), 3rd Court at Alipore, South 24 Parganas, is requested to dispose of the Title Suit No. 76 of 2015 as well as the application under Section 39 of the Specific Relief Act, 1963 read with Section 151 of the Code of Civil Procedure, as expeditiously as possible and in any event, within a period of six months from the date of communication of this order, without granting any unnecessary adjournment to either of the parties except only on reasonable ground.

Accordingly, the revisional application being C.O. 61 of 2022 is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)