Jayanti Dutta @ Jayanti Datta vs Dibendu Sarkar & Anr
2023 Latest Caselaw 5721 Cal

30.08.2023 Sl. No.14(DL) srm

C.O. No. 2509 of 2023

Jayanti Dutta @ Jayanti Datta

Versus

Dibendu Sarkar & Anr.

Mr. Sounak Bhattacharya, Mr. Abhirup Halder ...for the Petitioner.

The petitioner prays for expeditious disposal of Title

Execution Case No.01 of 2017 arising out of judgment and

decree passed in Title Suit No.184 of 2010. The title execution

case is pending before the learned Civil Judge (Senior

Division), 2nd Court at Barasat, North 24-Parganas.

According to the petitioner. The suit was decreed. The

decree was challenged in a first appeal. The first appeal was

dismissed. A second appeal therefrom, was also dismissed.

Mr. Bhattacharya also draws the attention of the Court to an

order passed by a Division Bench of this Court dated August

22, 2022, while dismissing the second appeal. Hence, the

petitioner prays that there was no embargo on the learned

court below, to proceed with the title execution case.

It is also submitted that no application under Section 47

of the Code of Civil Procedure or under Order XXI of the Code

of Civil Procedure, has been filed.

An order of expeditious disposal of any litigation enures

to the benefit of all the parties and hence prior service of this

revisional application upon the opposite parties is not

required. The prayer is innocuous.

Under such circumstances, the revisional application is

disposed of with a direction upon the learned court below to

dispose of the title execution case along with the pending

application within a period of three months from the next date

fixed, independently and strictly in accordance with law.

Unnecessary adjournments shall not be granted to any of the

parties.

This Court has neither gone into the merits of the

application nor into the title execution case.

A copy of the revisional application, along with a server

copy of this order, be served upon the opposite parties within

a week.

The revisional application is, thus, disposed of.

There will be, however, no order as to costs.

Parties are to act on the basis of the server copy of this

order.

(Shampa Sarkar, J.)