Kamal Krishna Hait vs Subhendu Shaw
2023 Latest Caselaw 4292 Cal

Item No. 77
18.07.2023

GB C.O. 2116 of 2023

Kamal Krishna Hait Vs.

Subhendu Shaw

Mr. Sounak Bera ... for the Petitioner.

The petitioner is the appellant/judgment debtor in

Title Appeal No.14 of 2015, which is pending before the

learned Civil Judge (Junior Division), First Track 3rd Court at

Basirhat. The appeal was filed by the petitioner being

aggrieved by the judgment and decree dated February 27,

2015 passed in Title Suit No.36 of 1985.

It is submitted that the appeal has been heard in-part

and dates have been fixed for the past six months.

Considering the age of the appeal, this Court is of the

view that the prayer of the petitioner is reasonable.

This Court has not expressed any opinion on the

merits of the appeal. An order of expeditious disposal enures

to the benefit of all the parties and hence this revisional

application need not be served upon the opposite party

before its disposal. The prayer is innocuous.

Under such circumstances, this Court directs the

learned Civil Judge ((Junior Division), First Track 3rd Court

at Basirhat to dispose of appeal within a period of four

months from the next date fixed.

The learned court below shall proceed in accordance

with law and independently, without granting unnecessary

adjournments to either of the parties.

Accordingly, the revisional application is disposed of.

Petitioner is directed to serve a copy of the revisional

application upon the opposite party, along with the server copy

of this order.

However, there will be no order as to costs.

Urgent photostat certified copy of this order, if applied

for, be given to the parties on priority basis.

(Shampa Sarkar, J.)