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2015 Supreme(Tri) 720

DEEPAK GUPTA
Sudhir Chandra Adhikari – Appellant
Versus
Satyabrata Roy – Respondent


Advocates:
Advocate Appeared:
Mr. R. Chakraborty, Adv.
Mr. P. Saha, Adv.

ORDER :

This case is a stark example of how Courts should not deal with civil litigation. The manner in which the case has been dealt with by the Courts and the counsel clearly indicates that none was interested in quick disposal of the case and, therefore, though more than 11(eleven) years have elapsed the case has still not been decided.

[2] The suit was filed on 23rd February, 2004 by the plaintiff seeking declaration of title and eviction of the defendant and consequential relief of perpetual injunction. Along with the suit an application for stay was filed and in this application stay order was granted in favour of the plaintiff. Notice was issued to the respondents on 23rd February, 2004. The defendants put in appearance on 3rd March 2004. The arguments on the application for grant of interim relief were heard on 5th March, 2004. On 16th March, 2004 the case was fixed for 26th March, 2004 for filing of written statement. The learned trial Court restrained the defendant from proceeding further with the construction being raised by him vide order dated 16th March, 2004.Thus effectively the construction being raised was halted on that date i.e. more than 11 years back. After takin


































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