Dilip Chandra Mistry v. Rinku Singh

Item No.271 02.01.2026 Court. No. 6 GB C.O. 4349 of 2025 Dilip Chandra Mistry Vs.

Rinku Singh Mr. Satyam Mukherjee, Mr. Purnendu Shekhar Ghosh ... for the Petitioner.

1. By this application, the petitioner seeks expeditious disposal of the Misc. Case No.145 of 2017 along with Title Execution Case No.04 of 2017, which are pending before the learned Civil Judge (Senior Division), 1st Court at Barasat, North 24 Parganas.

2. It is submitted that no appeal is pending before any superior forum. It is also submitted that a misc. case filed by the third parties was also dismissed and no appeal has been carried therefrom.

3. Considering the submissions, the Court is of the view that the prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

4. The revisional application is disposed of with a direction upon the learned court to dispose of the misc. case as also the execution case expeditiously, preferably within a period of six months from the next

date fixed. Adequate opportunity shall be given to the parties to contest the same.

5. This court has not expressed any opinion on the merits of the misc. case and the execution case. The learned court shall proceed independently and in accordance with law.

6. A copy of this revisional application along with a copy of this order be served upon the opposite party as also upon the learned advocate appearing on behalf of the opposite party in the learned trial court.

7. The revisional application is accordingly disposed of.

8. There shall be no order as to costs.

9. Parties are to act on the server copy of this order. (Shampa Sarkar, J.)