Jiban Kumar Das v. Subrata Saha And ANR

11.08.2023 Sl. No.111(DL) srm C.O. No. 2180 of 2023 Sri Jiban Kumar Das

Versus

Smt. Subrata Saha & Anr.

Mr. Sudip Ghosh Choudhury, Ms. Shreyeta Mitra ...for the Petitioner.

The landlord/decree-holder prays for expeditious disposal of Title Appeal No.14 of 2023, which is pending before the learned Additional District Judge, 1st Court at Serampore, Hooghly. The decree was passed on January 31, 2023. The judgment-debtor preferred an appeal on June 9, 2023 being Title Appeal No.14 of 2023. The title execution was stayed by the learned lower appellate court upon directing payment of occupational charges of Rs.5,000/- per month. The petitioner/landlord/decree-holder prays for expeditious disposal of the title appeal.

The prayer is reasonable.

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, independently and strictly in accordance with law, upon granting adequate opportunity to the respective parties to contest the said appeal. Unnecessary adjournments shall not be granted to any of the parties. This Court has not gone into the merits of the title appeal.

A copy of the revisional application, along with a server copy of this order, be served upon 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.)