Lakshmi Rani Ghosh v. Tamal Chatterjee And ORS

03.04.2023 Ct. No.237 pg.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 943 of 2023 Smt. Lakshmi Rani Ghosh Vs.

Tamal Chatterjee & Ors.

Mr. D.N. Chatterjee Mr. Subhas Chandra Saha ... For the petitioner Mr. Ayan Banerjee Ms. Debjani Sengupta ... For the opposite party no.1 This application under Article of the Constitution of India has been filed assailing an order dated 4th March, 2023 in connection with Misc. Appeal No.11 of 2023 whereby the learned Additional District Judge, 1st Court, Sealdah, stayed the further proceeding in Title Suit No.52 of 2023 pending before the learned Civil Judge (Junior Division), 2nd Court, Sealdah, till the disposal of the appeal.

Both the learned advocates appearing to this revisional application are present and advanced their respective submission.

What I find from the application that the dispute is with regard to the early disposal of the Misc. Appeal No.11 of 2023 and it is also submitted on behalf of the learned advocate appearing on behalf of the petitioner/ plaintiff no.1 that copy of the application has not yet been served upon the plaintiff/petitioner.

Considering the aforesaid facts and circumstances, learned advocate appearing on behalf of the opposite no.1/defendant is directed to serve copy of the application in connection with Misc. Appeal No.11 of 2023 upon the learned advocate appearing on behalf of the petitioner/plaintiff no.1 within three days from the date of receipt of this order.

Learned Additional District Judge, 1st Court, Sealdah, is requested to dispose of the Misc. Appeal No.11 of 2023 as expeditiously as possible as both the parties to the appeal have entered their respective appearances, without granting any unnecessary adjournment to any of the parties to the appeal, save and except extreme urgency.

With the above observation, the revisional application, being CO 943 of 2023, stands disposed of. Learned advocate appearing on behalf of the petitioners is at liberty to bring this order to the notice of learned Additional District Judge, 1st Court, Sealdah, 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.)