Gopal Chandra Das @ Gopal Chandra ... vs Subimal Das
2022 Latest Caselaw 2531 Cal

36    05.05.
      2022
AGM
 Ct
                                   C.O. 956 of 2022
07
                Gopal Chandra Das @ Gopal Chandra Das Bichali
                                     Vs
                                Subimal Das

               Mr. Saswata Bhattacharya,        ... for the petitioner.



                    A direction to secure expeditious disposal of

               Title Appeal No. 10 of 2017, is the ultimate relief

               sought for in this case.

                    Admittedly, petitioner is the respondent-decree

holder.

The only contention expressed by the learned

advocate for the petitioner is against the delay caused

in the disposal of Title Appeal.

Incidentally, it is submitted that previously

hearing was concluded in this appeal, and the case

was posted for argument, but due to change of

Presiding Officer on transfer, the judgment could not

be delivered.

In view of the nature of the order proposed to

be made in the case, no prior notice is considered to

be necessary.

Service upon the opposite party is thus

dispensed with.

Accordingly, learned Additional District &

Sessions Judge, 2nd Fast Track Court, Alipore is

directed to ensure expeditious disposal of Title Appeal

No. 10 of 2017, providing sufficient opportunity of

hearing to either of the parties to this case, but

without granting unnecessary adjournment, unless it

is extremely unavoidable.

While endeavouring such exercise, the learned

Judge may conclude the hearing, bearing in mind the

institution of this appeal, and proceed with the

disposal of the appeal in a manner as situation of the

case would demand, so as to dispense with justice in

a best possible and expeditious manner.

Petitioner is directed to make communication of

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

learned advocate appearing in the court below for the

opposite party and the opposite party.

This would not, however, prevent the learned

Judge remaining in charge of Additional District &

Session Judge 2nd Fast Track Court, Alipore to

dispose of the appeal subject to his suitability and

convenience.

With this observation and direction, the

revisional application stands disposed of.

Urgent photostat certified copy of the order, if

applied for, be given to the parties on usual

undertakings.

(Subhasis Dasgupta, J)