Sanjoy Kumar Banerjee v. Kalpana Dutta And ANR

April 3, 2024 Sl. No.19 Court No.19 s.biswas CO 909 of 2024 Sri Sanjoy Kumar Banerjee vs.

Smt. Kalpana Dutta and another Mr. Amit Baran Dash Ms. Subhra Nag Ms. Ankana Sarkar ... for the petitioner The petitioner is the decree holder who prays for expeditious disposal of Misc. Case No.21 of 2022 which has been filed in connection with Title Execution Case No.09 of 2021. The proceedings are pending before the learned Civil Judge (Junior Division), 1st Court at Hooghly Sadar, Hooghly. Under such circumstances, this court is of the view that justice would be subserved, if the learned court is directed to dispose of the said misc. case as also the title execution case, on an urgent basis. This court has neither gone into the merits of the misc. case nor into the merits of the execution case. An order of expeditious disposal of any litigation, enures to the benefit of all the parties. Hence, prior service of this revisional application would not be necessary. The prayer is innocuous and very reasonable.

The revisional application is disposed of with a direction upon the learned court to make a sincere endeavour to dispose of the pending misc. case within a period of three months from the next date

fixed. On the outcome of the application/Misc. case, the learned court will proceed with the title execution case and dispose of the same within the next two months after disposal of the misc. case, without granting unnecessary adjournments to either of the parties. The learned court shall proceed strictly in accordance with law and independently.

Petitioner is directed to serve a copy of this revisional application along with the server copy of this order upon the opposite parties.

Accordingly, the revisional application is disposed of.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)