Bijoy Jana And ORS v. Urmila Samanta And ORS

15.12.2021 Ct. 21 D/L 56 ab C.O. 2069 of 2021 (Via Video Conference) Bijoy Jana & Ors.

-VsSmt. Urmila Samanta & Ors.

Mr. Tarak Nath Halder, ... for the petitioners Mr. Tarak Nath Halder, learned advocate for the petitioners is present.

Record shows that the notice of this application has not been served on the opposite parties.

The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the Misc. Case No. 8 of 2016 in connection with Title Execution Case No. 6 of 2014, pending before the learned Civil Judge (Senior Division), Sealdah, South 24 Parganas.

The learned advocate for the petitioners submits that the Misc. Case No. 8 of 2016 has already been heard by the learned Court below and the same is reserved for orders since 18.01.2020. In support of his submission, he draws my attention to the certified copy of the order dated 21.12.2019.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the misc. case, I do not find any need to serve notice of the present application on the opposite party and it is not likely to cause any prejudice to the interest of the

opposite party. Therefore, service of notice upon the opposite party is dispensed with.

The learned Civil Judge (Senior Division), Sealdah, South 24 Parganas is requested to dispose of the application under Order XXI Rule 97 to 101 of the Code of Civil Procedure being Misc. Case No. 8 of 2016 in connection with Title Execution Case No. 6 of 2014, within a period of one month from date of communication of this order, which he or she appears to have heard and reserved for orders on 21.12.2019. Accordingly, the revisional application being C.O. 2069 of 2021 is disposed of.

There shall be no order as to costs.

Parties are 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 given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)