Ashis Singhadeb And Others vs Shrimati Swapna Gharai And ...
2023 Latest Caselaw 4646 Cal

August 2, 2023 Sl. No.85 Court No.19 s.biswas CO 2348 of 2023

Ashis Singhadeb and others vs.

Shrimati Swapna Gharai and another

Mr. Rabindranath Mahata Mr. Aritra Shankar Ray ... for the petitioners

The decree holders/petitioners, pray for

expeditious disposal of Misc. Case No.30 of 2022 as

also Title Execution Case No.4 of 2012. The

judgment debtors preferred an appeal. The court

had directed that subject to payment of occupational

charges, the execution proceeding shall remain

stayed. It is submitted that although a second

appeal has been filed before this court, no order of

stay of the execution has yet been passed. Two

applications being Misc. Case No.29 of 2022 and

Misc. Case No.30 of 2022 are pending disposal in the

execution proceedings.

Under such circumstances, this court is of the

view that justice would be subserved, if the learned

court below is directed to dispose of the said pending

applications as also the title execution case, on an

urgent basis.

This court has neither gone into the merits of

the applications nor into the merits of the execution

case. An order of expeditious disposal of any

litigation, enures to the benefit of all the parties.

Hence, prior service of this revisional application

upon the opposite parties, would not be necessary.

The prayer is innocuous.

The revisional application is disposed of with a

direction upon the learned court below to dispose of

the pending applications within a period of four

months from the next date fixed, and thereafter the

learned court below shall make an endeavour to

dispose of the execution case within the following

four months, without granting unnecessary

adjournments to either of the parties. The learned

court below shall proceed strictly in accordance with

law and independently. In the event there are no stay

orders passed in the pending second appeal, this

order will be binding.

Petitioners are directed to serve a copy of this

revisional application along with a server copy of this

order, upon the opposite parties.

Accordingly, the revisional application is

disposed of.

All the parties are directed to act on the basis of

the server copy of this order.

(Shampa Sarkar, J.)