Kajol Kundu & Ors vs Dilip Kumar Dutta & Ors
2023 Latest Caselaw 3903 Cal

Item No. 125
16.06.2023

GB C.O. 1005 of 2023

Kajol Kundu & Ors.

Vs.

Dilip Kumar Dutta & Ors.

Ms. Sreyanshi Majumdar ... for the Petitioners.

The petitioners obtained a decree of eviction in

Ejectment Suit No.3 of 2019. The opposite parties preferred

an appeal being Title Appeal No.116 of 2018. The petitioners

put the decree into execution. The judgment debtors

preferred an application for stay before the learned lower

appellate court, but it is alleged that the said appliaction is

pending since April 2019.

It is submitted that the plaintiffs/petitioners have

already filed their written objection to the said application.

This Court has neither gone into the merits of the suit

nor into the merits of the application. 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, this Court directs the

learned Additional District Judge, 3rd Court at Alipore to

dispose of the application for stay in connection with Title

Appeal No.116 of 2018 within a period of one month from the

next date fixed, without granting unnecessary adjournments

to either of the parties. After disposal of the aforementioned

application, the learned court shall make all endeavour to

ensure that the suit progresses expeditiously.

Accordingly, the revisional application is disposed of.

However, there will be no order as to costs.

Petitioners are directed to serve a copy of the

revisional application upon the opposite parties, along with

the server copy of this order.

Urgent photostat certified copy of this order, if applied

for, be given to the parties on priority basis.

(Shampa Sarkar, J.)