Amresh Shaw v. Mukesh Shaw

16.05.2025 Item No. 1 Ct. No. 446 PG/KS C.O. 1271 of 2024 Amresh Shaw Vs.

Mukesh Shaw Mr. Prantik Garai Ms. Ruma Singh...........for the petitioner 1.This is an application filed under Article 227 of the Constitution of India against an order dated April 4, 2024 passed by learned ADJ, FTC-1, Sealdah in Misc. Case No. 3 of 2024, whereby the stay petition dated 7th August, 2024 filed by the present petitioner was rejected.

2. It is submitted that the application under section 151 of the Code of Civil Procedure was filed for interim stay of the execution proceeding in Title Execution Case No. 2 of 20215. During pendency of this matter, the petitioner has been evicted.

3. However, it is submitted that the appeal filed by him, which was dismissed and restoration application was filed to restore the same is still pending. He accordingly, prayed for an order of early disposal of the same.

4. Heard the submissions.

5. In view of the subsequent event, as placed before this Court regarding eviction of the petitioner from

the suit property, there remains nothing to be decided.

6. However, in view of the prayer made on behalf of the petitioner, the learned trial Court is directed to dispose of any proceeding pending before the learned court as expeditiously as possible without granting any unnecessary adjournment to either of the parties.

7. With the aforesaid direction, the civil revisional application being C.O. 1271 of 2024 is disposed of. 8.There shall be, however, no order as to costs. 9.Urgent photostat certified copy of this order, if applied for, be given to the parties expeditiously upon usual formalities.

(Chaitali Chatterjee (Das), J.)