Asit Sadhukhan Alias Asit Kumar Sadhukhan v. Motilal Sadhukhan And ORS

14.02.2022 Ct. 21 D/L 8 ab C.O. 1711 of 2021 (Via Video Conference) Asit Sadhukhan @ Asit Kumar Sadhukhan -VsMotilal Sadhukhan & Ors.

Mr. Ranjan Kali, ... for the petitioner Mr. Ranjan Kali, learned advocate appears for the petitioner.

Record shows that the notice of this application has not been served on the opposite parties.

The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the Title Execution Case No. 7 of 2018, arising out of Title Suit No. 298 of 2002, pending before the learned Civil Judge (Senior Division), 1st Court at Barasat, North 24 Parganas. The learned advocate for the petitioner submits that the preliminary decree was passed in the year 2008 and thereafter, the final decree was passed in the year 2017. The learned advocate for the petitioner also submits that the learned Court below has been granting unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioner.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the execution case, I do not find any need to serve notice of the present application on the opposite parties

and it is not likely to cause any prejudice to the interest of the opposite parties. Therefore, service of notice upon the opposite parties is dispensed with.

The learned Civil Judge (Senior Division), 1st Court at Barasat, North 24 Parganas, is requested to dispose of the Title Execution Case No. 7 of 2018, arising out of Title Suit No. 298 of 2002, as expeditiously as possible and in any event, within a period of six months from the date of communication of this order, without granting any adjournment whatsoever to any of the parties.

Accordingly, the revisional application being C.O. 1711 of 2021 is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)