Deb Kr. Manna v. Shankar Shyamal And ORS
22.08.2024 (D/L-50) Ct.-19 (Susanta)
IN THE HIGH COURT AT CALCUTTA
CIVIL REVISIONAL JURISDICTION C.O. 2846 of 2024 Deb Kumar Manna -VsShri Shankar Shyamal & Ors.
Mr. Goutam Thakur , Ms. Anandamayi Ghosh, ... 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 petitioner has obtained a decree of eviction against the opposite parties in Title Suit No. 346 of 2013 passed by the 1st Court of learned Civil Judge (Junior Division) at Contai, District: Purba Medinipur. The petitioner is complaining that due to the pendency of the application filed by the opposite parties under Section 47 of the Code of Civil Procedure which has been registered as J. Misc. Case No. 10 of 2022, the disposal of the Ttitle Execution Case No. 11 of 2019 levied to execute the said decree of eviction is being delayed.
The petitioner is praying a direction for expeditious disposal of the said application.
The suit being a suit of 2013, the petitioner can legitimately expect to enjoy the fruit of the decree within a reasonable time.
The Executing Court is therefore requested to expedite the disposal of the J. Misc. Case No. 10 of 2022, if the same is otherwise ready for such disposal and depending upon the outcome of the same, shall make all endeavour to dispose of the Ttitle Execution Case No. 11 of 2019 as expeditiously as possible in accordance with law, and in doing so, shall not grant any unnecessary adjournment to either of the parties.
C.O. 2846 of 2024 is thus disposed of 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.)