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Calcutta High CourtCO/1051/2022disposed

Bhim Chandra Naskar v. Lakshman Chandra Naskar

2022-05-11Hon'Ble Justice Subhasis Dasgupta2 pages

11.05.2022 sl No. 15 court no. 7 sk C.O. 1051 of 2022 Bhim Chandra Naskar Vs Lakshman Chandra Naskar Mr. Amlan Jyoti Sengupta Mr. Rahul Sengupta ...for the petitioner/decree holder.

A direction to secure expeditious disposal of Title Appeal No. 53 of 2011, pending before the learned Additional District Judge, 1st Court, Serampore is ultimate relief sought for in this case. Admittedly, petitioner (plaintiff)/respondent is the decree holder.

The only contention expressed by the learned advocate for the petitioner is against the delay caused in the disposal of appeal.

No other point is raised requiring address by this Court.

In view of the nature of order proposed to be made in this case, service of notice upon the opposite party is considered to be not necessary.

Service of notice upon the opposite party stands dispensed with.

Accordingly, learned Additional District Judge, 1st Court, Serampore in Title Appeal No. 53 of 2011 is requested to ensure expeditious disposal of pending

appeal, referred herein above, after causing disposal of interlocutory application, if there be any pending, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable. While endeavouring such exercise, the year of institution of the appeal may be taken into account and the learned court below may proceed with the disposal of the appeal in the manner, as the situation of the case would demand, so as to dispense with the justice in a best possible and expeditious manner. With this direction and observation the revisional application stands disposed of.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Subhasis Dasgupta J.)