Sri Gobinda Chandra Nandy vs Sri Gour Chandra Nandy & Ors
2022 Latest Caselaw 4056 Cal

   12
 sandip
 Ct. 18
07.07.2022
                         C.O. No. 1588 of 2022

                    Sri Gobinda Chandra Nandy
                                 Vs.
                  Sri Gour Chandra Nandy & Ors.

                Mr. Tanmoy Mukherjee,
                Mr. Souvik Das,
                Mr. K. Raihan Ahmed            ... For the petitioner.

                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 parties, as

             such, service of notice of the present application upon the

             said opposite parties is dispensed with.

                The petitioner of the present application under Article

             227 of the Constitution of India filed a suit in the year 2006

             for eviction of the opposite parties from the suit property on

             the ground that they are licensees therein, the said suit

             was ultimately dismissed in the year 2016.

                The plaintiff aggrieved by the judgment and decree

             dismissing the suit, preferred an appeal being Title Appeal

             No. 128 of 2016 pending before the 4 th Court of learned

             Additional District Judge at Howrah.

                The plaintiff is complaining inordinate delay in disposal

             of the said appeal and is praying a direction upon the

             appeal Court below for expeditious disposal of the said

             appeal and the pending applications thereto.

                It appears from the record that the said appeal was fixed

             for hearing on August 08, 2018 but further proceeding of it

             has been arrested due to the pendency of the application

             filed by the respondents seeking amendment of their

written statement and two applications ancillary thereto.

Notwithstanding disruption of the normal functioning of

the Courts due to intervention of the Covid-19 pandemic,

pendency of such nature of applications for such long time

is not appreciated.

The record further reveals that July 16, 2022 is the date

fixed in the appeal for hearing of the said applications.

The Appeal Court below is requested to dispose of the

said pending applications on the said date fixed, in the

event, for any unavoidable reason, the said applications

cannot be disposed of on the said date, same shall be

disposed of within a week from the said date.

The Appeal Court below is further requested that after

disposal of the said pending applications, to make all

endeavour to dispose of the said appeal as expeditiously as

possible, preferably within a period of five effective available

working months of the said Appeal Court and in doing so,

shall not entertain the prayer of the parties for any

unnecessary adjournment.

The petitioner is required to communicate this order to

the opposite parties and to the learned advocate

representing them in the Appeal Court below.

C.O. 1588 of 2022 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 parties subject to compliance with

all requisite formalities.

(Biswajit Basu, J.)