Samir Kumar Das & Ors vs K.C.M. Foundation Private ...
2021 Latest Caselaw 5611 Cal

   (32)
08.11.2021

(p.jana) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION

(Via Video Conference)

CO No. 1822 of 2021 Samir Kumar Das & ors.

-versus-

K.C.M. Foundation Private Limited & ors.

Ms. Shebatee Dutta, Mr. Ranjit Kumar Basu,

... for the petitioners.

The order proposed to be passed in the present

application under Article 227 of the Constitution of India

would not cause of any prejudice to the opposite parties, as

such, service of notice of the present revisional application

upon the said opposite parties is dispensed with.

The suit for recovery of possession of the suit property

being Title Suit No. 211 of 2008 filed by the petitioners was

decreed on December 20, 2013. The petitioners, thereafter,

on December 16, 2017 filed an application under Order XX

Rule 12 of the Code of Civil Procedure for final decree of

mesne profits.

The petitioners complain inordinate delay in disposal

of the said application. It appears from the record that the

judgment-debtors/opposite parties have already entered

appearance in the said proceedings and the learned Trial

Judge has fixed February 17, 2022 as a next date fixed for

hearing of the said application.

The application for final decree of mesne profits by its

nature requires expeditious disposal.

The learned Trial Judge, therefore, is requested to

dispose of the said application as expeditiously as possible

preferably within a period of four effective available working

weeks of the Court below from the date of communication of

this order and in doing so shall not grant any unnecessary

adjournment to either of the parties.

The petitioners to communicate this order to the

opposite parties within a week from date.

CO 1822 of 2021 is disposed of with the above terms

without any order as to costs.

Urgent photostat certified copy of this order, if applied

for, be supplied to the party subject to compliance of all

requisite formalities.

(Biswajit Basu, J.)