Sri Krishnendu Sarkar (Gopal) & ... vs Sri Narayan Paul & Ors
2023 Latest Caselaw 3697 Cal

07.06.2023

Item No.18 CP C.O. 1664 of 2023

Sri Krishnendu Sarkar (Gopal) & anr.

Vs.

Sri Narayan Paul & ors.

Mr. Siva Prasad Ghose

....for the petitioners.

The petitioners are the landlords and the

decree holders in Ejectment Suit No. 39 of 2014. The

suit was decreed on July 25, 2022. The petitioners

put the decree into execution vide Ejectment

Execution No. 11 of 2022. The said execution case is

pending before the learned Civil Judge (Junior

Division), Bidhan Nagar.

Aggrieved by the judgment and decree passed

in the Ejectment Suit, the opposite parties preferred

Title Appeal No. 13 of 2022 which is pending before

the learned Additional District Judge, Fast Track 3rd

Court at Barrackpore.

The petitioners submit that the opposite

parties have been repeatedly praying for

adjournments in the Title Appeal and the appeal is

not progressing.

This court is of the view that the prayer for

expeditious disposal of the appeal is innocuous and

no injustice will be caused to any of the parties if

such order is passed.

The revisional application is disposed of with a

direction upon the learned court below to expedite

the title appeal along with all pending applications, if

any, and dispose of the same within a period of four

months from the next date fixed, without granting

any unnecessary adjournments to either of the

parties.

This court has neither gone into the merits of

the contentions of the petitioners nor into the merits

of the appeal and the suit. The learned lower

appellate court shall act and proceed independently

and strictly in accordance with law.

Let a copy of the revisional application along

with the server copy of this order be served upon all

the opposite parties within a week.

Accordingly, the revisional application is

disposed of.

However, there will be no order as to costs.

All the parties are directed to act on the basis

of the server copy of this order.

(Shampa Sarkar, J.)