7 Pradip Kumar Chatterjee @ Prodip ... vs Somnath Chatterjee & Ors
2022 Latest Caselaw 1820 Cal

24    06.04.
 AG   2022
M/R
KB                                C.O. 684 of 2022
 Ct
07             Pradip Kumar Chatterjee @ Prodip Kumar Chatterjee
                                       Vs
                             Somnath Chatterjee & Ors.


                Mr. Debjit Mukherjee,
                Ms. Dipannita Gangully,
                Mr. Kaustav Bhattacharya      ... For the petitioner.


                    A direction to secure expeditious disposal of a

               Title Appeal, now pending before the learned Additional

               District Judge, 5th Court, Howrah, is the ultimate relief

               sought for in this revisional application.

                    Admittedly, the suit has been instituted in the

               year 2011.    The suit was ultimately decreed on 30 th

               April, 2018, and appeal was then preferred impugning

               such judgment and decree on 14 th May, 2018, vide Title

               Appeal No. 109 of 2018. The petitioner/plaintiff wining

               the suit in the Trial Court entered appearance in the

               pending appeal on 29th May, 2018.

                    According to Mr. Mukherjee, the appeal is posted

               for hearing since 19th July, 2018.     Upon adverting to

               Order No. 30 dated 16th December, 2019, passed in T.A

               No. 109 of 2018, Mr. Mukherjee contends that the

               appeal has been transferred to learned Additional

               District Judge 5th Court, Howrah.

                     It is learnt that said Court is lying unmanned ,

               and learned Additional District Judge, Fast Track
                     2




Court-I, Howrah is in-charge of this Court.

     The moment when the case was transferred to the

learned Additional District Judge, 5th Court, Howrah,

the presiding officer was very much available in the

Court of learned Additional District Judge, 5 th Court

Howrah.

     Mr. Mukherjee further contends that even after

fixation of dates for hearing of this appeal, the hearing

of the appeal is getting delayed on several grounds, as

already disclosed in the photocopy of the orders, filed

with the instant revisional application.

     The situation is thus clear that presently learned

Additional District Judge, Fast Track Court I, Howrah

is in-charge of learned Additional District Judge, 5 th

Court, Howrah.

     The respondent/plaintiff is submitted to be a

senior citizen.

In view of the nature of the order proposed to be

made, no prior notice upon the opposite parties is

considered to be necessary.

The service upon the opposite parties is thus

dispensed with.

Since the respondent/plaintiff is a senior citizen,

and since no officer is posted presently in respect of

learned Additional District Judge, 5th Court, Howrah,

learned Additional District Judge, Fast Track Court I,

Howrah remaining in charge is requested to ensure

expeditious disposal of pending appeal, after causing

disposal of interlocutory applications, if there be any,

providing sufficient opportunity of hearing to either of

the parties to this case, but without granting

unnecessary adjournments, unless it is extremely

unavoidable.

While endeavouring such exercise, the learned

Judge remaining in-charge of learned Additional

District Judge, 5th Court Howrah may proceed with the

disposal of the suit in the manner, as situation of the

case would demand, subject to his suitability and

convenience of the parties also.

Petitioner is directed to make communication of

this order to the learned Court below as well as to the

learned advocate appearing for the opposite parties in

the Court below and the opposite parties also.

With this observation and direction, the revisional

application stands disposed of.

Urgent photostat certified copy of this order be

given to the learned advocates for the parties on the

usual undertakings, if applied for.

(Subhasis Dasgupta, J)