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Calcutta High Court (Appellete Side)

Sudipta Kundu And Another vs Nihar Chandra Acharyya And Others on 13 September, 2019

1 S/L. 80.

September 13, 2019.

MNS.

C. O. No. 3119 of 2019 Sudipta Kundu and another Vs. Nihar Chandra Acharyya and others Mr. Tanmoy Muakherjee ... for the petitioners.

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

C. O. No. 3119 of 2019 is disposed of by directing the Judge, Fifth Bench, Presidency Small Causes Court at Calcutta, to dispose of Miscellaneous Case No. 45 of 2015 filed in connection with Ejectment Execution Case No. 8 of 2001, pending in the said court, as expeditiously as possible, preferably within three working months from the date of communication of this order to the said court.

The petitioners are given liberty to approach the Chief Judge, Presidency Small Causes Court at Calcutta for transfer of the case to some other Bench, in the event of non-availability of the presiding officer of the Fifth Bench, for implementation of this order.

The petitioners shall communicate this order to the court below, as well as to the Chief Judge, Presidency Small Causes Court and the opposite parties and/or the advocate(s) appearing for the opposite parties in the court below, at the earliest.

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.) 2