Dr Bidyut Kumar Mondal v. Debdas Dutta

22.03.2024 Sl. No.2(DL) srm C.O. No. 4361 of 2023 Dr. Bdyut Kumar Mondal

Versus

Sri Debdas Dutta Mr. Kushal Chatterjee, Mr. Shibjit Mitra ...for the Petitioner.

The petitioner prays for expeditious disposal of Title Appeal No.02 of 2022 which is pending before the learned Additional District Judge, Fast Track, 1st Court at Sealdah. It is submitted that no interlocutory applications are pending 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 party.

Under such circumstances, the revisional application is disposed of, with a request to the learned court to make an endeavour to dispose of the title appeal within a year 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 title appeal.

A copy of the revisional application along with a server copy of this order be served upon the opposite party 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.)