7 Shiw Kumar Sharda vs Kana Dutt & Anr
2022 Latest Caselaw 2721 Cal

17    10.05.
 AG   2022
 M
RKB                                  C.O. 611 of 2022
 Ct
07                               Shiw Kumar Sharda
                                        Vs
                                  Kana Dutt & Anr


               Mr. Falguni Bandopadhyay,         ... for the Petitioner.
               Ms. Sreetama Neogi,
               Mr. Riya Ballav,

A direction to secure expeditious disposal of

Misc Case No. 18 of 2018 arising out of Title Suit No.

172 of 2016 of learned Civil Judge (Junior Division),

Bidhannagar, is the ultimate relief sought for in this

case.

Admittedly, an ex parte decree was passed

against the petitioner on 10 th February, 2017. The

execution proceeding was somehow resisted by the

petitioner/judgment-debtor. Subsequently, an

application under Order 9 Rule 13 of the Code of Civil

Procedure was filed, which was registered in

connection with Misc Case No. 18 of 2018.

The only contention expressed by the learned

advocate for the petitioner is against the delay caused

in the disposal of the referred Misc Case, which is

submitted to be pending for more than last four and

a half years.

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 parties is thus

dispensed with.

Accordingly, learned Civil Judge (Junior

Division), Bidhannagar, is directed to ensure

expeditious disposal of Misc Case No. 18 of 2018,

under Order 9 Rule 13 of the Code of Civil Procedure,

arising out of Title Suit No. 172 of 2016, providing

sufficient opportunity of hearing to either of the

parties to this case, but without granting

unnecessary adjournment, unless it is extremely

unavoidable.

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 parties and the opposite parties.

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)