Dulal Dey v. Chandranath Ghosh

04.05.2026 Item No.95 (ML) Court No.06 AJ.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 1453 of 2026 < Dulal Dey -Vs- Chandranath Ghosh Mr. Amalaksha Jana.

.....for the petitioner.

1.

This revisional application seeks expeditious disposal of Title Appeal No. 76 of 2025 pending before the learned Additional District Judge, 1st Court at Serampore, Hooghly.

2.

Learned Advocate appearing for the petitioner submits that the petitioner had instituted Title Suit No. 213 of 2020 for eviction of the opposite party which was decreed on July 04, 2025. It is submitted that the said decree has been put into execution by filing an execution case. On the other hand, the opposite party has carried the decree in appeal being Title Appeal No. 76 of 2025 before the learned Additional District Judge, 1st Court at Serampore, Hooghly. It is further submitted that in the said appeal, the certified copy of the decree has not yet been filed and the appeal is therefore being adjourned for want of certified copy.

3.

In view of the nature of the order proposed to be passed by this Court, direction for prior

service of notice along with a copy of the revisional application on the opposite party is not being made, however, the petitioner shall remain obliged to serve a copy of the revisional application along with a copy of this order upon the opposite party within a week from date.

4.

Having heard the learned Advocate appearing for the petitioner and having considered the material-on-record, this revisional application is disposed of by requesting the learned Additional District Judge, 1st Court at Serampore, Hooghly to dispose of Title Appeal No. 76 of 2025 as expeditiously as possible and preferably within a period of three months from the next date fixed without granting any unnecessary adjournment to either of the parties.

5.

It is clarified that the pendency of the appeal shall not preclude the learned Executing Court from proceeding with the execution case unless an order of stay is passed by the learned Appellate Court in Title Appeal No. 76 of 2025. 6.

With the above observations, C.O. 1453 of 2026 stands disposed of. No costs.

7. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Om Narayan Rai, J.)