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Calcutta High CourtCO/4423/2025disposed

Rekha Bhawnani And ORS v. Sukumar Jana Repd By Kaberi Jana And ORS

2026-02-02Hon'Ble Justice Shampa Sarkar2 pages

Item No.784 02.02.2026 Court. No. 6 GB C.O. 4423 of 2025 Smt. Rekha Bhawnani & Ors.

Vs.

Sukumar Jana (Deceased) Represented by his legal heirs Smt. Kaberi Jana & Ors. Mr. Nitai Chandra Saha, Mrs. Nisha Agarwal, Ms. Poulami Majumdar ... for the Petitioners.

1. By this application, the petitioners seek expeditious disposal of Title Execution Case No.49 of 2023 along with pending applications, which is pending before the learned Additional Civil Judge (Junior Division), 3rd Court at Alipore.

2. Considering the submissions, the Court is of the view that the prayer of the petitioners 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 party. Hence, there is no requirement for service of prior notice upon the opposite parties.

3. The revisional application is disposed of with a direction upon the learned charge court to dispose of the title execution case along with all pending applications expeditiously, preferably within a period of six months from the next date fixed, provided there is no order of stay by any superior forum or any competent forum. Adequate opportunity shall be given to the parties to contest the same.

4. This court has neither expressed any opinion on the merits of the execution case nor on the merits of the pending applications. The learned trial court shall proceed independently and in accordance with law.

5. A copy of the revisional application, along with a server copy of this order be served upon the opposite parties and/or the learned advocate contesting the matter on behalf of the opposite parties in the learned trial court.

6. The revisional application is accordingly disposed of.

7. There shall be no order as to costs.

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