Kartick Chandra Manna v. Mamani Panda And ANR

04.01.2024 Sl. No.277(DL) srm C.O. No. 4309 of 2023 Kartick Chandra Manna

Versus

Mamani Panda & Anr.

Mr. Anjan Dutta, Mr. Balaram Pandit ...for the Petitioner.

The petitioner prays for expeditious disposal of Misc. (Pre-emption) Case No.30 of 2022, which is pending before the learned Civil Judge (Junior Division), 2nd Additional Court at Contai, Purba Medinipur.

Considering the submission, this Court is of the view that the prayer of the petitioner for early disposal of the proceeding, 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 parties.

Under such circumstances, the revisional application is disposed of, with a direction upon the learned court below to dispose of the Misc. (Pre-emption) Case No.30 of 2022 within a period of two years from the next date fixed, independently

and strictly in accordance with law, upon allowing the parties to contest the proceeding. Unnecessary adjournments shall not be granted to any of the parties.

This Court has not gone into the merits of the preemption case. A copy of the revisional application along with a server copy of this order be served upon the opposite parties within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)