Calcutta High CourtCO/2022/2021disposed

Jahar Majhi v. Samapti Jana

2021-12-14Hon'Ble Justice Kesang Doma Bhutia2 pages

C.O. 2022 of 2021 AKG 16-12-2021 Jahar Majhi Ct.21

Versus

Smt. Samapti Jana (VIA VIDEO CONFERENCE) Mr. Sounak Bhattacharya, Mr. Bijoy Bag, Mr. Sumitava Chakraborty ...for the Petitioner The petitioner is represented by Mr. Sounak Bhattacharya, learned advocate and he prays for expeditious disposal of Misc. Case No. 39 of 2017 arising out of Money Suit No. 2 of 2014 and in Money Execution Case No. 1 of 2016.

It has been contended that there has not been substantially progress in the hearing of the Misc. Case due to adjournment granted by the learned Court below mechanically without any just cause. Such delay is causing immense prejudice to the petitioner and the petitioner is suffering financially.

Therefore, the learned Civil Judge (Sr. Division), Uluberia, Howrah may be directed to hear Misc. Case No. 39 of 2017 at the earliest.

Since the petitioner has prayed for expeditious disposal of the Misc. Case No. 39 of 2017 arising out of Money Suit No. 2 of 2014 and in Money Execution Case No. 1 of 2016, this court holds that no prejudice is going to be caused to the other side. Therefore, there is

no need to serve notice on the other side. Service of notice is dispensed with.

The learned Civil Judge (Sr. Division), Uluberia, Howrah is requested to dispose of the Misc. Case No. 39 of 2017 arising out of Money Suit No. 2 of 2014 and in Money Execution Case No. 1 of 2016, as expeditiously as possible and in any event, within three months from the date of communication of this order, without granting any unnecessary adjournment to the either of the parties except only on reasonable ground. Accordingly, the revisional application being C.O. 2022 of 2021 is disposed of.

Interim order, if any, granted earlier stands vacated.

There shall be no order as to costs.

Parties are on 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.)