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Calcutta High CourtCO/1305/2020disposed

B.D.Memorial Institute Repd Gajanand Khaitanand Another v. Debasish Dey Tapadar

2020-11-27Hon'Ble Justice Biswajit Basu2 pages

04,SL,Ct.23.

27.11.2020.

AJ.

C.O. 1305 of 2020 (Through Video Conference) B.D. Memorial Institute, being represented by its trustees Sri Gajanand Khaitan & Anr.

-Vs- Sri Debasish Dey Tapadar Mr. Tanmay Mukherjee, Ms. Anuradha Poddar.

... for the petitioners.

The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite party, as such service of notice of the present application upon the said opposite party is dispensed with.

The petitioners are the defendants in a suit for declaration of title and recovery of possession and is seeking a direction upon the learned Trial Judge for expeditious disposal of Title Suit No. 314 of 2014 pending before the learned Civil Judge (Senior Division), Baruipur, 24-Pargahas (South).

The Courts are yet to resume normal functioning during this Covid-19 pandemic period and at this stage, the direction as sought for is not warranted.

However, this Court expresses its confidence that the learned Trial Judge shall make all endeavour to dispose of the Title Suit No. 314 of 2014 expeditiously without granting any unnecessary adjournment to either of the parites. C.O. 1305 of 2020 is disposed of with the above observations.

There shall be no order for costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)