Calcutta High Court (Appellete Side)
Ram Krishna Dutta vs Sanjoy Verma & Anr on 31 October, 2022
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
31.10.2022 Item No.12 Ct. No.7 CHC (disposed of) C.O.2169 of 2022 Ram Krishna Dutta Vs. Sanjoy Verma & anr.
Mr. Rahul Karmakar, Mr. Sounak Mukherjee ...for the petitioner A direction to secure expeditious disposal of Misc.Case No.4 of 2020, under Order 21 Rule 97 C.P.C. arising out of Ejectment Execution Case No.221 of 2017, is the ultimate relief sought for in this case. Petitioner/decree-holder submits that even though the Misc. Case has been set for argument long before, the matter has not yet been disposed of resulting in serious prejudice to the valuable rights of the decree- holder.
No other point is raised requiring address by this Court.
In view of the nature of order proposed to be made in this case, no prior notice is considered to be necessary.
Service upon the opposite parties stands dispensed with.
Accordingly, learned Judge (Junior Division), 2nd Bench, Presidency Small Causes Court, at Calcutta, is requested to ensure expeditious disposal of Misc. Case 2 No.4 of 2020, arising out of Ejectment Execution Case No.221 of 2017, providing sufficient opportunity of hearing to either of the parties to this case, but without granting any unnecessary adjournment, unless it is extremely unavoidable, preferably within eight (08) weeks from the date of communication of this order. This would not, however, prevent the court below to take up the matter either on the scheduled date already fixed by the court below, and dispose of the same in accordance with law.
Petitioner is directed to make communication of this order to the learned court below as well as to the opposite parties and their learned advocate in the court below.
With this observation/direction, the revisional application stands disposed of. Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Subhasis Dasgupta, J.)