Nirmala Sinha v. Chandrakala Tewari And ORS

22.01.2025 Item No.31 Ct. No. 30 Aloke CO 3988 of 2024 Nirmala Sinha Vs Chandrakala Tewari & Ors.

Mr. Tuhin Subhra Raut ... for the petitioner The present revisional application has been preferred praying for expeditious disposal of an application under Section 151 of the Code of Civil Procedure filed by the defendant/CESC Therein after the Title Suit being No. 386 of 2002 was decreed on 20th May, pending before the learned 13th Judge, City Civil Court at Calcutta.

It is submitted that the said application under Section 151 CPC has been preferred praying for modification of the said judgment and decree dated 20th May, 2024. It is further submitted that till date the said application has not been disposed of and as such, the decree-holder being the petitioner herein is being prejudiced.

Considering the nature of relief prayed for service is dispensed with and the revisional application is disposed of with the direction that the learned trial Court shall dispose of the application under Section 151 CPC within a period of two months from the date of this order.

It is submitted by the learned counsel for the petitioner that at present the said trial Court is long vacant. Accordingly, in case there is no regular presiding officer posted in the said Court, the learned Court/Judge-in-Charge of the said Court shall comply with the present order as directed.

There will be no order as to costs.

All connected applications, if any, stand disposed of.

Interim order, if any, stands vacated.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Shampa Dutt (Paul), J.)