Swapna Saha Chowdhury And Oors v. Dhiman Bhattacharya

AG M/R 04.08.

C.O. 1687 of 2022 KB Ct Smt. Swapna Saha Chowdhury & Ors Vs Shri Dhiman Bhattacharya Mr. Kishore Mukherjee, Mr. Soumyajit Mukherjee, ... For the petitioners. Mr. Supriyo Chattopadhyay, ... For the opposite party.

Mr. Kishore Mukherjee, learned advocate appearing for the petitioners restricts his submission by seeking an order directing the Court below to ensure expeditious disposal of a Misc Case No. 27 of 2022 registered under Order 9 Rule 13 of the CPC of learned Civil Judge (Junior Division), Bidhannagar, arising out of Title Suit No. 257 of 2007.

No other point is raised requiring address by this Court.

Mr. Supriyo Chattopadhyay, learned advocate appearing for the opposite party, upon receiving the copy of the application, submits that the pending execution case may be directed to be proceeded simultaneous with the Misc case registered under Order 9 Rule 13 of the CPC.

In reply, learned advocate appearing for the petitioners submits that in the event of the decree being executed, the pending misc case may be rendered infructuous.

Accordingly, learned Civil Judge (Junior Division), Bidhannagar is requested to ensure expeditious disposal of Misc Case No. 27 of 2022 registered under Order 9 Rule 13 of the CPC, arising out of Title Suit No. 257 of 2007, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable.

Petitioners are directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite party and the opposite party.

With this observation and direction, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)