Dr. Tirthankar Mukherjee v. Kanika Bhaumik And ORS

Item No. 105 11.08.2023 Court. No. 19 GB C.O. 1604 of 2023 (Dr.) Tirthankar Mukherjee Vs.

Kanika Bhaumik & Ors.

Mr. A. Basu ... for the Petitioner.

The petitioner prays for expeditious disposal of Revocation Case No.1 of 2018, which is pending before the learned Additional District Judge, 3rd Court at Alipore. It is submitted that an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure are pending. Considering the age of the case, this Court is of the view that the prayer of the petitioners is reasonable. This Court has neither expressed any opinion on the merits of the revocation case nor on the merits of the application. An order of expeditious disposal enures to the benefit of all the parties and hence this revisional application need not be served upon the opposite parties before its disposal. The prayer is innocuous.

Under such circumstances, this Court directs the learned Additional District Judge, 3rd Court at Alipore to dispose of the application within a period of three months from the next date fixed, upon giving adequate opportunity to the opposite parties to contest the same. Thereafter, the Revocation Case No.1 of 2018 shall be disposed of within a period of six months.

The learned court below shall proceed in accordance with law and independently, without granting unnecessary adjournments to either of the parties.

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

However, there will be no order as to costs.

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