Sambhu Nath Mondal v. Debyendu Mondal And ORS

Sl. 18 19.03.2025 Court No.6 BP C.O. 924 of 2025 Sambhu Nath Mondal -versusDebyendu Mondal & Ors.

Mr. S. Saha Mr. S.K. Ghosh ... for the petitioners This application under Article 227 of the Constitution of India is at the instance of the defendant no.2 praying for a direction upon the learned Additional District Judge, 11th Court at Alipore to dispose of Miscellaneous Appeal No. 194 of 2014 expeditiously.

Learned advocate appearing for the petitioners submits that the miscellaneous appeal which was filed in the year 2014 has not yet been disposed of. In view of the order sought and proposed to be passed, there is no necessity to issue notice upon the opposite parties. However, the learned advocate appearing for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite parties or upon the learned advocates representing them before the learned 1st appellate court.

After going through the order-sheets appended to this civil revisional application this Court finds that repeated directions were passed upon the

appellant to file the death certificate of the appellant no.1 namely, Manasi Mondal. It further appears that 15th February, 2025 was fixed for filing of such death certificate.

The learned advocate appearing for the petitioners submits that the death certificate has been filed in the meantime and the appeal is otherwise ready for hearing.

In the light of the aforesaid submission made by the learned advocate for the petitioners, C.O. 924 of 2025 is disposed of with the hope and trust that the learned Additional District Judge, 11th Court at Alipore shall make an endeavour to see that the miscellaneous appeal is disposed of expeditiously, if the same is otherwise ready for hearing, without granting any unnecessary adjournment to either of the parties.

No order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)