Mangala Sadhukhan v. Annapurna Mondal

20.02.2023 Item No.1 Ct. No.7 CHC (disposed of) C.O. 507 of 2023 Mangala Sadhukhan C & C R Vs.

Annapurna Mondal Mr. Sounak Bhattacharya, Mr. Shubham Gupta, Mr. Tanmoy Kumar Dey ...for the petitioner Mr. Bhattacharya, learned advocate appearing for the petitioner candidly submits that the instant revisional application has become infructuous as the possession has already been taken over by the decree-holder upon executing the decree.

It is proposed by Mr. Bhattacharya that there is an appeal pending before the appellate court being Title Appeal No.22 of 2019, before learned 2nd Bench, City Civil Court, at Calcutta.

In view of the pendency of this appeal, the petitioner is at his liberty to take all the points as available within the peripheries of the first appeal so as to challenge the decree granted by the trial court. The appeal however, may be expedited without granting any unnecessary adjournment, unless it is extremely unavoidable.

With this observation/direction, the revisional application stands disposed of.

Petitioner is directed to make communication of this order to the learned court below as well as to the opposite party and her learned advocate in the court below.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)