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Calcutta High Court (Appellete Side)

Sri Debasish Mitra Roy And Others vs Sri Sanjit Debnath on 23 July, 2021

AD. 29.

July 23, 2021.

MNS.

C. O. No. 1274 of 2021 (Via video conference) Sri Debasish Mitra Roy and others Vs. Sri Sanjit Debnath Mr. Ayan Mitra ... for the petitioners.

In view of the innocuous nature of the order proposed to be passed, no prior service of notice on the opposite party is deemed necessary.

Learned counsel for the petitioners has succeeded in satisfying this Court from the materials annexed to the present application under Article 227 of the Constitution of India that the petitioners are aged and indigent persons and that the appeal filed by the opposite party against the petitioners is pending for an inordinate period.

Accordingly, C. O. No. 1274 of 2021 is disposed of by requesting the Additional District & Sessions Judge, Fast Track Court at Howrah or any other Judge at present in charge of the matters of the said court, if available, shall dispose of Title Appeal No. 152 of 2019, pending in the said court, as expeditiously as possible, 2 preferably within six months from the date of communication of this order to the appellate court.

The petitioners shall communicate this order to the appellate court, as well as to the opposite party and/or the learned advocate appearing for the opposite party in the appellate court, at the earliest, along with a server copy of this order.

The appellate court shall act on such communication of the learned advocate for the petitioners, without insisting upon prior production of the certified copy thereof.

There will be no order as to costs. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)