Calcutta High Court (Appellete Side)
Ct-32 ( Asutosh Paul vs Sudhendu Narayan Dev & Anr.) on 6 September, 2013
SL (20) 06.09.2013 C. O. No. 2901 of 2013 ah Ct-32 ( Asutosh Paul -Vs- Sudhendu Narayan Dev & Anr.) Mr. A. Mitra, Mr. Surajit Biswas ... for the petitioner.
This is an application under Article 227 of the Constitution of India filed by the plaintiff-petitioner against order dated 26th July, 2013 passed by the learned District Judge, 24-Parganas (South), in Title Appeal No. 5 of 2012.
Perused the order impugned. Heard the learned counsel for the petitioner. Considered. It appears from the orders dated 7th July, 2013 and 9th July, 2013 that this Court directed the learned District Judge, South 24-Parganas to consider the petition of withdrawal in accordance with law by 26th July, 2013 positively. From the order-sheet of the learned court below transpires the matter was not disposed of. Instead, adjournment was allowed fixing 12th August, 2013.
It is submitted by the learned counsel for the petitioner that further an order was passed fixing 19th September, 2013 for disposal of the said withdrawal petition.
I have considered submissions of the learned counsel for the petitioner as well as perused the order of this Court dated 9th July, 2013. It is expected that the 2 learned court below shall dispose of the petition on the next date fixed without giving further adjournment.
Therefore, the learned District Judge, 24-Parganas (South), is directed to dispose of the petition in accordance with the direction given by this Court at an early date without further unnecessary adjournment.
The revisional application is, accordingly, disposed of.
Urgent xerox certified copy of this order, if applied for, be given to the petitioner as early as possible upon compliance of all requisite formalities.
(Dr. Mrinal Kanti Chaudhuri, J.)