Tapan Kumar Das v. Danshi Balak Sangha And ORS

26.06.2024 (D/L-23) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 2221of 2024 Sri Tapan Kumar Das -Vs- Danshi Balak Sangha & Ors.

Ms. Baisali Ghoshal, ... For the Petitioner.

The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties, as such, service of notice of the present application upon the said opposite parties is dispensed with.

The opposite parties have suffered a decree of declaration in Title Suit no. 128 of 1992 passed by the 4th Court of learned Civil Judge (Junior Division), Howrah. Aggrieved thereby the said defendants have preferred the Title Appeal No. 63 of 2018 which is now pending before the 5th Court of learned Additional District Judge, Howrah. The petitioner is complaining delay in disposal of the said appeal.

It appears from the record that the appeal is ready for hearing but same could not be disposed of as the appellants/opposite parties are either taking adjournment on the date fixed or are not taking required steps.

The plaintiff/decree-holder legitimately can expect to enjoy the fruit of the decree.

The Appeal Court below, therefore, is requested to make all endeavour to dispose of the said appeal as expeditiously as possible and in doing so shall not grant any unnecessary adjournment to either of the parties.

C.O. 2221 of 2024 is disposed of with the above terms without any order as to costs.

Parties 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 supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)