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Calcutta High CourtCO/1078/2024disposed

Rakesh Panigrahi v. Kamal Panigrahi And ORS.

2024-04-15Hon'Ble Justice Shampa Sarkar2 pages

15.04.2024 Sl. No.22(DL) srm C.O. No. 1078 of 2024 Rakesh Panigrahi

Versus

Kamal Panigrawhi & Ors.

Mr. Kaustav Banerjee, Ms. Pia Kundu ...for the Petitioner.

The petitioner prays for expeditious disposal of Misc. Appeal No.04 of 2022, which is pending before the learned Civil Judge (Senior Division), Kharagpur, Paschim Medinipur. It is submitted that an application in connection with the said misc. appeal was also filed and the learned court was of the opinion that both the appeal and the application would be disposed of together.

Considering the submission, this Court is of the view that the prayer of the petitioner for early disposal of the proceeding, is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite parties.

Under such circumstances, the revisional application is disposed of, with a direction upon the learned court to dispose of the entire proceeding within three months from the next date fixed, independently and strictly in accordance with law, upon allowing the parties to contest the proceeding. Unnecessary adjournments shall not be granted to any of the parties.

This court has not gone into the merits of the misc. appeal.

A copy of the revisional application along with a server copy of this order be served upon the opposite parties within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)