CIRCUIT BENCH AT JALPAIGURI CO/97/2026 PARMESHWARI DEVI SHARMA @ PARMESWARI DEVI SHARMA & Ors. v. TAPASH DUTTA & Anr.
Case at a glance
Outcome
Disposed of
The revisional application is disposed of by
Provisions considered
Key paragraphs
- Para 77. The revisional application is disposed of by requesting learned District Judge, Jalpaiguri to decide the Title Appeal upon giving adequate opportunities to the parties, without granting unnecessary adjournment to either of the parties, strictly in accordance with law, preferably within a period of eight…
Judgment
Mr. Nigam Mittal, Adv. …..For the Petitioner Mr. Haider Ali. Mr. Satyam Sarkar. Ms. Nitiksha Biswakarma. ….. for the opposite parties.
The petitioner prays for expeditious disposal of the Title Appeal No. 12 of 2022 which is pending before the learned District Judge, Jalpaiguri.
It is submitted that against the final order and decree dated 15.7.2022 the opposite parties being the plaintiffs have already preferred a statutory First Appeal under Section 96 of the Code of Civil Procedure. The appeal has been admitted and notices have been duly served upon respondents, that is, the petitioners herein.
The respondents have entered appearance in the appeal proceedings. However, the appeal remains pending 2 adjudication by fixing a date of hearing of the appeal on 4.8.2026.
The opposite parties submits that vide order dated 5.6.2026, learned District Judge, Jalpaiguri has already fixed the matter for hearing on 4.8.2026.
The prayer of the petitioner is innocuous. Neither the parties stand to lose if a proceeding is disposed of expeditiously.
Infact such expeditious disposal shall enure to the benefit of the parties.
Operative part
The revisional application is disposed of by requesting learned District Judge, Jalpaiguri to decide the Title Appeal upon giving adequate opportunities to the parties, without granting unnecessary adjournment to either of the parties, strictly in accordance with law, preferably within a period of eight weeks from the date of communication of this order.
This Court has not expressed any opinion on the merits of the suit.
The learned Court proceed independently and in accordance with law.
There shall be no order as to costs. 3
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Smita Das De, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The revisional application is disposed of by
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 96.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.