Sima Kayal v. Jaba Purkait And ORS

28.06.2023 Sl. No.297(DL) srm C.O. No. 676 of 2023 Smt. Sima Kayal

Versus

Smt. Jaba Purkait & Ors.

Mr. Sounak Bhattacharya, Mr. Chandra Nath Sarkar, Mr. Sounak Mandal, Mr. Anirban Saha Ray ...for the Petitioner.

The petitioner prays for expeditious disposal of Other Suit No.1 of 2019, which is pending before the learned Civil Judge (Junior Division), 3rd Court at Baruipur, District-South 24-Parganas.

The petitioner complains of inordinate delay in disposal of the said proceeding which is an appeal under Section 218(3) of the West Bengal Municipal Act, 1993. The petitioner relies on an earlier order passed by this Court on September 21, 2021. The learned court below was directed to dispose of the said proceeding within three months from the date of communication of this order of His Lordship. It is alleged that even now, the said appeal is pending.

Considering the age of the proceeding and the earlier direction of this Court, this Court is of the view that the proceeding should be disposed of expeditiously.

An order of expeditious disposal of any litigation enures to the benefit of all the parties and hence prior service of this revisional application upon the opposite parties is not required. The prayer is innocuous.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court below to dispose of the proceedings within a period of six months from the next date fixed, strictly in accordance with law and independently. Unnecessary adjournments shall not be granted to any of the parties.

This Court has not gone into the merits of the proceeding.

A copy of the revisional application along with a server copy of this order be served upon the opposite parties within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)