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Calcutta High CourtCO/1154/2023disposed

Gurmail Singh v. Uday Mukhia And ORS

2023-06-05Hon'Ble Justice Shampa Sarkar2 pages

05.06.2023 Sl. No.8(ML) srm C.O. No. 1154 of 2023 Gurmail Singh Vs.

Sri Uday Mukhia & Ors.

Ms. Shabana Hasin ...for the Petitioner.

This revisional application has been filed praying for expeditious disposal of Title Appeal No.208 of 2007 pending before the learned Additional District Judge, 5th Court at Alipore, South 24-Parganas.

It appears from the records that the title appeal was pending initially before the learned Additional District Judge, 2nd Court at Alipore. Thereafter the same was transferred. The records do not reveal that the petitioner was responsible for the delay. It appears that adjournments were taken occasionally and the business of the Court, did not permit the appeal to be taken up and disposed of.

Hence, the revisional application is disposed of with a direction upon the learned Additional District Judge, 5th Court at Alipore, South 24-Parganas, to dispose of the Title Appeal No.208 of 2007 arising out of Title Suit No.56 of 2006, within a year from date, strictly in accordance with law and upon allowing adequate opportunity to all the parties to contest the

same. The Court is of the view that the order is beneficial to both the parties who have been litigating since 2006. The copy of the revisional application along with the server copy of this order be served upon all the opposite parties including the proforma opposite parties, within a week from date.

The revisional application is 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.)