Maya Rani Majumdar And Others v. Somnath Sen And Others

SK Ct. No. 18 19.03.2021 C.O. No. 714 of 2021 (Via Video Conference) Maya Rani Majumdar & Ors.

Vs.

Sri Somnath Sen & Ors.

Mr. Tanmoy Mukherjee, Mr. Amal Kumar Saha, Mr. Iresh Paul ... For the petitioners. The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties, as such service of notice of the present application upon the said opposite parties is dispensed with.

The opposite parties suffered a decree of eviction passed in Title Suit No. 127 of 2009 on April 25, 2011 and being aggrieved by the said decree preferred the connected Title Appeal No. 131 of 2011, which is now pending before the learned Additional District Judge at Chandernagore.

The petitioners complain that due to the dilatory tactics adopted by the opposite parties the said appeal has not yet been disposed of.

An appeal from a decree of eviction should be decided within a reasonable time, pendency of such an appeal nearly for 10 years is not appreciated.

Since the Courts are resuming normal functioning slowly during this Covid - 19 pandemic period, this Court is not inclined to fix any specific time for disposal of the said appeal, but it is expected that the appeal Court below shall make all endeavour to dispose of the said appeal as expeditiously as possible and in doing so shall not grant any unnecessary adjournment to either of the parties.

C.O. 714 of 2021 is disposed of with the above terms.

No order as to costs.

The petitioners are required to communicate this order to the opposite parties within a week from date. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)