Sri Bishnu Pada Nandi v. Sri Paltu Bhattacharjee And ANR.
March 12, 2024 Sl. No.3 Court No.19 s.biswas CO 2070 of 2023 Sri Bishnu Pada Nandi vs.
Sri Paltu Bhattacharjee and another Ms. M. Maity ... for the petitioner The petitioner prays for expeditious disposal of Money Execution Case No.1 of 2003, which is pending before the learned Civil Judge (Senior Division), Barasat, North 24 Parganas. It has been submitted that no appeal from the said money decree has been preferred. Proclamation for sale has already been issued.
Under such circumstances, this court is of the view that justice would be subserved, if the learned court is directed to dispose of the said execution case, on an urgent basis.
This court has not gone into the merits of the execution case. An order of expeditious disposal of any litigation, enures to the benefit of all the parties. Hence, prior service of this revisional application would not be necessary. The prayer is innocuous and very reasonable.
The revisional application is disposed of with a direction upon the learned court to conclude the entire adjudication of the Money Execution Case No.1 of 2003 and reach it to its logical conclusion within two months from the next date fixed
mandatorily, without granting unnecessary adjournments to either of the parties, upon granting adequate opportunity to the opposite parties to contest the proceedings. The learned court shall proceed strictly in accordance with law and independently.
This order will be subject to any other order that may be passed by the competent superior forum.
Petitioner is directed to serve a copy of this revisional application along with the server copy of this order upon the opposite parties.
Accordingly, the revisional application is disposed of.
All the parties are directed to act on the basis of the server copy of this order.
(Shampa Sarkar, J.)