Tapan Kumar Mandal v. Smt Suprava Mandal And ANR

Item No. 59 30.06.2023 Court. No. 19 GB C.O. 1578 of 2023 Sri Tapan Kumar Mandal Vs.

Smt. Suprava Mandal & Anr.

Mr. Santanu Das ... for the Petitioner.

The petitioner is the decree-holder and prays for expeditious disposal of Title Execution Case No.06 of 2015, which is pending before the learned Civil Judge (Junior Division), 1st Court at Contai.

It is submitted that the second appeal arising from the judgment and decree was dismissed by a coordinate Bench. It is further submitted that the cost for execution with police help has been deposited before the learned court below in 2017, but the execution case has not proceeded from the said stage.

Considering the age of the execution case and the fact that the decree for eviction was passed sometime in 2015, this Court is of the view that justice would be sub served by directing the learned Civil Judge (Junior Division), 1st Court at Contai to dispose of the Title Execution Case No.06 of 2015 within a period of three months from the next date fixed, without granting unnecessary adjournments to either of the parties.

This Court has not gone into the merits of the suit. An order of expeditious disposal of any litigation enures to the benefit of all the parties and hence prior service of this

revisional application upon the opposite parties is not required. The prayer is innocuous. The learned court below shall proceed in accordance with law and independently. Accordingly, the revisional application is disposed of. However, there will be no order as to costs.

The petitioner is directed to serve a copy of the revisional application upon the opposite parties, along with the server copy of this order.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)