R K P Udyog Limited v. Junela Devi Gupta And ORS

18.04.2023 Ct. No.237 pg.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 842 of 2023 R.K.P. Udyog Limited Vs.

Junela Devi Gupta & Ors.

Mr. Chayan Gupta Mr. Rittick Chowdhury Mr. Shoham Sanyal ... For the petitioner This application under Article of the Constitution of India has been filed on the issue of delay in disposing the suit which is pending since 1991. By this application, it is prayed for expeditious hearing of the Title Suit No.85 of 1991 pending before the learned Civil Judge (Senior Division), 2nd Court, Howrah.

Learned advocate on behalf of the petitioner has submitted that on 17th November, 2005, one application was filed under Order XXXIV Rule 4 of the Code of Civil Procedure and that application has been kept pending since then. It has been further submitted that on behalf of the defendant, one application was filed with a prayer for payment of all decreetal amount after calculation of the same on 15th July, 2019 and that application is also pending since then.

Considering the facts and circumstances, I do not find any reason to ask the petitioner to serve notice upon

the opposite parties. Thus, service of notice upon the opposite parties stands dispensed with.

Accordingly, learned Civil Judge (Senior Division), 2nd Court, Howrah, is requested to dispose of the Title Suit No.85 of 1991 within three months from the date of receipt of this order as I find from the record that the Title Suit may be disposed of in terms of the application filed by the defendant on 15th July, 2019.

With the aforesaid observation, the revisional application, being CO 842 of 2023, stands disposed of. Learned advocate appearing on behalf of the petitioner is at liberty to bring this order to the notice of the learned Civil Judge (Senior Division), 2nd Court, Howrah, forthwith.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)