Dr Mrs Puspita Sahu Basu v. Kailash Kumar Shaw And ORS

03.01.2024 Sl. No.297(DL) srm C.O. No. 4369 of 2023 Dr. (Mrs.) Puspita Sahu (Basu)

Versus

Sri Kailash Kumar Shaw & Ors.

Mr. Sudip Deb, Mr. Aranyak Saha, Ms. Ipsita Ghosh ...for the Petitioner.

The petitioner, who is the decree-holder, prays for expeditious disposal of Ejectment Appeal No.10 of 2022, which is pending before the learned Additional District Judge, 15th Court at Alipore, South 24-Parganas.

It is contended by the petitioner that two other interlocutory applications are also pending.

Considering the submission, this Court is of the view that the prayer of the petitioner for early disposal of the proceedings, 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 applications within a period of two months from the next date fixed, independently and strictly in accordance with law, upon allowing the parties to contest the proceeding.

Thereafter, on the outcome of the said applications, the appeal shall be disposed of expeditiously, preferably within a year from the date of disposal of the applications. Unnecessary adjournments shall not be granted to any of the parties.

This Court has neither gone into the merits of the applications nor into the merits of the appeal. 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.)