Devika Pradhan And ANR v. Dolly Chowdhury And ANR

JPD. 5.

July 25, 2025. CALCUTTA HIGH COURT MNS.

In The Circuit Bench at Jalpaiguri Appellate Side CO No. 121 of 2025 Smt. Devika Pradhan and another Vs.

Smt. Dolly Chowdhury and another Mr. Sandip Mondal, Mr. Amit Saha ... for the petitioners.

1. The grievance of the petitioners is that an application for stay of an eviction decree, which has been challenged in a Title Appeal filed by the petitioners, has not been heard out till date by the appellate court, despite the same having been filed as long back as on December 2, 2024 simultaneously with the appeal.

2. In view of the innocuous nature of the prayer made, prior service of notice of the revisional application on the opposite parties is dispensed with.

3. CO No. 121 of 2025 is disposed of by requesting the learned Additional District Judge, First Court at Siliguri, to dispose of the application for stay filed in connection with Title Appeal No. 24 of 2024 pending in the said court at the earliest, preferably within three weeks

from the date of communication of this order to the said court.

4. For the purpose of compliance of this order, the First Appellate Court as well as all concerned shall act on the server copy of this order, without insisting upon prior production of a certified copy.

5. The learned Advocate-on-record of the petitioners before this Court shall serve a copy of the revisional application as well as the server copy of this order on the learned Advocate appearing for the opposite parties in the court below, if any.

6. Alternatively, the server copy of this order along with the revisional application shall be served on the opposite parties directly within a week from date.

7. There will be no order as to costs.

(Sabyasachi Bhattacharyya, J.)