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Calcutta High CourtCO/2937/2022disposed

Sarbani Mitra And ANR. v. Sukanta Kr. Saha

2022-11-09Hon'Ble Justice Subhasis Dasgupta2 pages

09.11.

C.O. 2937 of 2022 AGM /RK Ct Sarbani Mitra & Anr Vs Sukanta Kumar Saha Mr. Debdeep Sinha, ... For the petitioner.

A direction to secure expeditious disposal of Misc Appeal (Pre-emption) No. 8 of 2009 pending before the learned Additional District Judge, 1st Court, Arambagh, Hooghly, is the ultimate relief sought for in this case.

Adverting to order passed in C.O. 17 of 2012, learned advocate appearing for the petitioners submits that there has been a previous direction passed by this Court requiring the Court below in appeal to ensure expeditious disposal of pending appeal. Such order was passed in the month of January 2020.

It is contended by the learned advocate appearing for the petitioners that till date, such appeal could not be disposed of in the light of observation and direction contained in C.O. 17 of 2012. When there has already a direction passed by the Court below to ensure expeditious disposal of the pending appeal, no further direction is called for.

However, the Court is below requested to ensure expeditious disposal of the pending appeal having

understood the purport and message already contained in such direction referred hereinabove and decide the appeal at an early date, if necessary upon pre-poning the date, with notice upon the opposite party.

Petitioners are 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 party and the opposite party.

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)