Joydeb Biswas v. Laxmi Prasad Mitra

Sn 12.2.21 C.O. 394 of 2020 JOYDEB BISWAS VS.

LAXMI PRASAD MITRA & ORS.

Mr. Saptarshi Basu Mr. Sanjib Seth ..for the petitioner This revisional application has been filed by the plaintiff in Title Appeal No. 61 of 2016, pending before the learned Additional District Judge, 4th Court, Barasat, District North 24 Parganas.

The plaintiff prays for early disposal of the title appeal along with the pending applications.

Records reveal that the application for police help has been filed by the petitioner and another application has been filed by the defendants/respondents challenging the maintainability of the said appeal. The prayer made on behalf of the petitioner is innocuous.

This Court is of the opinion that justice would be sub-served if the learned lower appellate Court is directed to dispose of the pending applications as expeditiously as possible preferably within a period of two months from the next date fixed upon affording an opportunity to the defendants to contest the same. Upon disposal of the applications, the learned

lower appellate Court shall make serious endeavour to dispose of the title appeal within three months thereafter. This Court has not gone into the merits of the claim and counter claim of the parties.

The learned lower appellate Court is directed to proceed independently and in accordance with law on the merits of each of the application and appeal. The petitioner is directed to serve copies of the revisional application along with a server copy of this order upon the opposite parties within a week from date. This revisional application is disposed of.

There will be however no order as to costs.

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

(Shampa Sarkar,J.)