Shyamali Kundu & Anr vs Rathin Mitra & Ors

Biswajit Basu, J

The opposite parties aggrieved by the judgment and decree dated July 25, 2018 passed in Ejectment Suit No. 48 of 2012 preferred the connected Title Appeal No. 78 of 2018 pending before the 6th Bench of City Civil Court at Calcutta.

The appeal Court below by the order impugned being Order No. 5 dated February 22, 2019 has allowed the application filed by the opposite parties praying stay of the operation of the decree under appeal subject to payment/deposit of occupational charges at the rate of Rs. 10,000/- per month.

The decree holders/petitioners aggrieved by the said order have preferred the present revisional application under Article 227 of the Constitution of India.

Mr. Ray, learned counsel appearing on behalf of the petitioners submit that his clients although are aggrieved by the quantum of occupation charges fixed by the order impugned, but to avoid further delay in disposal of the connected Title Appeal are now praying a direction upon the appeal Court below for expeditious disposal of the said appeal.

Mr. Poddar, learned counsel appearing on behalf of the opposite parties submit that there are pending applications filed in the said appeal.

In view of the said submission of the learned counsel for the parties this Court feels that justice would be sub-served if the said appeal is disposed of expeditiously.

The 6th Bench of City Civil Court at Calcutta is directed to dispose of the Title Appeal No. 78 of 2018 and the pending applications filed by the parties in the said appeal within a period of six months from the date of communication of this order positively.

The learned appeal Court below to adhere to the time limit fixed by this order for disposal of the said appeal and the applications thereto shall not entertain the prayers of either of the parties for any unnecessary adjournments.

With the above, C.O. No. 1745 of 2019 is disposed of.

No order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.