Petitioner sought expeditious disposal of a pending execution case. Court disregarded requirement of prior service and directed lower court to dispose of pending execution and related proceedings within six months.
Direction to lower court to dispose of pending execution case within six months and serve order on opposite parties.
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02.08.2023 Sl. No.67(DL) srm
C.O. No. 75 of 2023
Anil Kumar Dutta
Versus
Smt. Jharna Modak & Ors.
Mr. Prasanta Kumar Banerjee, Ms. Indrani Nandi
…for the Petitioner.
The petitioner, who was the plaintiff in Title Suit No.256 of 1995, prays for expeditious disposal of Title Execution No.4 of 2002, which is pending before the learned Civil Judge (Junior Division), at Bongaon, North 24-Parganas.
According to the petitioner, the suit was decreed. The first appeal was dismissed. The second appeal was also dismissed by this Hon’ble Court.
It appears that an application is also pending for police help.
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, the revisional application is disposed of with a direction upon the learned court below to dispose of the pending application as also the execution case
2
within a period of six months from the next date fixed, independently and strictly in accordance with law, upon granting adequate opportunity to the respective parties to contest the proceeding. Unnecessary adjournments shall not be granted to any of the parties.
This Court has neither gone into the merits of the execution case nor into the merits of application.
A copy of the revisional application, along with a server copy of this order, be served upon the opposite parties within a week.
The revisional application is, thus, disposed of.
There will be, however, no order as to costs.
Parties are to act on the basis of the server copy of this
order.
1 issue framed by the court
Whether prior service of the revisional application on opposite parties is required when expeditious disposal benefits all parties.
Anil Kumar Dutta
Smt. Jharna Modak & Ors.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
