Brindaban Das Ghosh vs Rabindra Nath Chand And Another
2023 Latest Caselaw 6191 Cal

September 14, 2023 Sl. No.240 Court No.19 s.biswas CO 1260 of 2023

Brindaban Das Ghosh vs.

Rabindra Nath Chand and another

Mr. Subhrojyoti Ghosh ... for the petitioner

The petitioner prays for expeditious disposal of

the J. Misc. Case No.39 of 2008, which is an

application for execution of the judgment and order

passed in J. Misc. Case No.38 of 1993. It is

submitted that the preemption was allowed and the

miscellaneous appeal was filed. The miscellaneous

appeal was rejected. Revisional application was filed

before the High Court and the same was rejected.

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

J. Misc. Case along with pending application filed by

the judgment debtor under Section 47 of the Code of

Civil Procedure, on an urgent basis.

This court has neither gone into the merits of

the application nor into the merits of the J. Misc.

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 and very reasonable.

The revisional application is disposed of with a

direction upon the learned court below to dispose of

the J. Misc. Case No. 39 of 2008 along with the

pending application within a period of four months

from the next date fixed, without granting

unnecessary adjournments to either of the parties

and upon granting adequate opportunity to the

opposite parties to contest the proceedings. The

learned court below shall proceed strictly in

accordance with law and independently.

Petitioner is directed to serve a copy of this

revisional application along with the 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.)