Gopal Naiya v. Shankar Sardar And ORS

20.07.2023 Sl. No.106(DL) srm C.O. No. 2117 of 2023 Gopal Naiya

Versus

Shankar Sardar & Ors.

Mr. Lakshminath Bhattacharya ...for the Petitioner.

The petitioner suffered a decree on April 30, 2009. Thereafter, title appeal was preferred. The petitioner prays for expeditious disposal of the Title Appeal No.35 of 2009, which is pending before the learned Civil Judge (Senior Division), at Baruipur, South 24-Parganas.

It is submitted that the title appeal is otherwise ready for hearing.

Considering the age of the appeal, the prayer is justified. An order of expeditious disposal of any litigation enures to the benefit of all the parties and hence prior service of this revisional application upon the opposite parties is not required. The prayer is innocuous.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court below to dispose of the title appeal within a period of six months from

the next date fixed, strictly in accordance with law and independently, upon giving opportunity to the parties to contest the appeal. Unnecessary adjournments shall not be granted to any of the parties.

This Court has not gone into the merits of the suit. A copy of the revisional application along with a server copy of this order be served upon the learned Advocate for the opposite parties in the learned court below within a week. The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)