Ankur Malik v. Dr. Kalpana Gupta And ORS

AG 22.09.

M RKB Ct C.O. 2869 of 2022 Ankur Malik Vs Dr. Kalpana Gupta & ors.

Mr. Chayan Gupta, Mr. Subhankar Chakraborty, Mr. Saptashi Bhattacharjee.

Mr. R Manna ... For the petitioner.

A direction to secure expeditious disposal of O.C. No. 3 of 2022 along with Letter of Administration Case No. 21 of 2019 pending before the learned 3rd Bench, City Civil Court, Calcutta is the ultimate relief sought for in this case.

The only contention thus expressed by the petitioner is against the delay caused in the disposal of the suit.

Admittedly the Letter of Administration Case was instituted in the year 2019.

No other point is raised requiring address by this Court.

As per submission disclosed by the petitioner, there is an interlocutory application, filed by the petitioner, under Section 151 of C.P.C, which has not yet been disposed of.

In view of the nature of the order proposed to be made in the case, no prior notice is considered to be necessary.

Service upon the opposite parties is thus dispensed with.

Accordingly, learned Judge, 3rd Bench, City Civil Court, Calcutta in O.C. No. 3 of 2022 along with Letter of Administration Case No. 21 of 2019 is requested to ensure expeditious disposal of the case, referred hereinabove, causing disposal of application under Section 151 of C.P.C, or any other applications, if there be any pending, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable.

This would not, however, prevent the court below to take up the 151 application in context with the averments contained in 151 petition along with suit providing an opportunity to opposite parties. Petitioner is directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties and the opposite parties.

With this observation and direction, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)