Nirmal Kumar Acharya v. Gurupada Acharya And ORS

Court No. 6 CO 207 of 2025 (265719) 19.06.2025 Sri Nirmal Kumar Acharya Vs.

Sri Gurupada Acharya & Ors.

(A 489) (S. Banerjee) Mr. Sukumar Ghosh Ms. Moumita Ghosh ...for the petitioner This application under 227 of the Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Additional District Judge, 2nd Court, Tamluk to dispose of Misc. Case No. 15 of 2018 expeditiously.

Learned advocate appearing for the petitioner submits that the opposite parties herein has taken adjournments on repeated occasions and a direction be passed upon the learned judge of the First Appellate Court to dispose of the miscellaneous appeal expeditiously.

In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite party. However, the learned advocate-on-record of the petitioner shall be obliged to forward a copy of this application along with this order, upon the opposite parties or upon the learned

advocate representing the opposite parties before the learned first appellate court.

From the order-sheets appended to this application this court finds that March 11, 2025 was fixed for hearing of the appeal.

In the light of the submission made by the learned advocate appearing for the petitioner, CO 207 of 2025 stands disposed of by requesting the learned Additional District Judge, 2nd Court, Tamluk to take up the hearing of the miscellaneous appeal, if the same is otherwise ready for hearing and to make an endeavour that the same is disposed of as expeditiously as possible, preferably within a period of one year from the next date fixed, without granting any unnecessary adjournment to either of the parties. This order has been passed considering the fact that the miscellaneous appeal is pending from the year 2018.

(Hiranmay Bhattacharyya, J.)