Mira Sinha v. State Of West Bengal & ANR

28.07.2021 mb In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. No. 4041 of 2019 (Via video conference) Mohan Majhi @ Hembram & Anr.

-Vs.- Badal Majhi @ Hembram & Ors.

Mr. Tarapada Das ...for the petitioners In view of the nature of the order proposed to be passed, no prior service of notice on the opposite parties is deemed necessary.

Learned counsel appearing for the petitioners contends that, despite long pendency, the petitioners' appeal is not being taken up for hearing by the appellate court for an inordinately long period.

In view of such submissions being corroborated by the records, C.O. No. 4041 of 2019 is disposed of by directing the District Judge at Purulia to take up for hearing or immediately allocate to some other competent court for hearing, positively within a fortnight from the date of communication of this order to

the appellate court, Title Appeal No. 102 of 2012, pending before the District Judge. Thereafter, upon fixation of dates, the District Judge or the transferee court, as the case may be, shall take up for hearing Title Appeal No. 102 of 2012, along with connected applications, if any pending, as expeditiously as possible and dispose of the same within one year from the date of communication of this order to the District Judge at Purulia. The petitioners shall communicate this order to the appellate court below as well as to the opposite parties and/or their advocates appearing in the appellate court and/or the trial court, along with a server copy of this order. The appellate court shall act on such communication without insisting upon prior production of a certified copy thereof.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)