Joydeb Biswas Vs Laxmi Prasad Mitra

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Sn 12.2.21 2

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C.O. 394 of 2020

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JOYDEB BISWAS VS. LAXMI PRASAD MITRA & ORS.

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Mr. Saptarshi Basu Mr. Sanjib Seth ..for the petitioner

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This revisional application has been filed by the plaintiff in Title Appeal No. 61 of 2016, pending before the learned Additional District Judge, 4^th Court, Barasat, District North 24 Parganas.

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The plaintiff prays for early disposal of the title appeal along with the pending applications.

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Records reveal that the application for police help has been filed by the petitioner and another application has been filed by the defendants/respondents challenging the maintainability of the said appeal.

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The prayer made on behalf of the petitioner is innocuous.

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This Court is of the opinion that justice would be sub-served if the learned lower appellate Court is directed to dispose of the pending applications as expeditiously as possible preferably within a period of two months from the next date fixed upon affording an opportunity to the defendants to contest the same.

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Upon disposal of the applications, the learned

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lower appellate Court shall make serious endeavour to dispose of the title appeal within three months thereafter.

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This Court has not gone into the merits of the claim and counter claim of the parties.

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The learned lower appellate Court is directed to proceed independently and in accordance with law on the merits of each of the application and appeal.

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The petitioner is directed to serve copies of the revisional application along with a server copy of this order upon the opposite parties within a week from date.

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This revisional application is disposed of.

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There will be however no order as to costs.

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Urgent photostat certified copy of this order be given to the parties on priority basis, if the same is applied for.

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(Shampa Sarkar,J.)

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Joydeb Biswas v. Laxmi Prasad Mitra

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Joydeb Biswas v. Laxmi Prasad Mitra

Case brief

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