Tapas Kumar Hazra v. M/S Tandra Medical Hall And Another

sandip Ct. 18 27.09.2021 C.O. No. 1091 of 2021 (Via Video Conference) Tapas Kumar Hazra Vs.

M/s. Tandra Medical Hall & Anr.

Mr. Siddhartha Paul ... For the petitioner. Mr. Meghajit Mukherjee, Mr. Ramendu Agarwal ... For the opposite parties. Affidavit-of-service filed in Court today be kept with the record.

The petitioner of the present application under Article 227 of the Constitution of India is the respondent of the connected Title Appeal No. 195 of 2018 which is directed against a decree of eviction passed in Title Suit No. 1666 of 2015. The said appeal is pending before the 2nd Court of learned Additional District Judge at Howrah.

The petitioner is complaining delay in disposal of the said appeal and is praying a direction upon the appeal Court below for disposal of it within a specific time limit.

Mr. Meghajit Mukherjee, learned advocate appears on behalf of the appellants/opposite parties submits that the delay complained of cannot be attributed either to his clients or to the Court.

On perusal of the certified copy of the order sheet of the said appeal annexed to the application, it appears

that the said appeal is consuming time necessary to gain its maturity, as such, any special direction at this stage to accelerate the speed of the said appeal is not warranted.

However, it is expected that the appeal Court below shall make all endeavour for expeditious disposal of the said appeal without entertaining any prayer of the parties for any unnecessary adjournment.

C.O. 1091 of 2021 is disposed with the above observation without any order as to costs.

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.)