Nilanjan Dutta And ANR v. Sankar Paul

29.01.2024 Sl. No.170(DL) srm C.O. No. 80 of 2024 Nilanjan Dutta & Anr.

Versus

Sri Sankar Paul Mr. Subhadeep Chatterjee, Ms. Arpita Kundu ...for the Petitioners.

The petitioners pray for expeditious disposal of Ejectment Suit No.7 of 2016, which is pending before the learned Civil Judge (Junior Division), 2nd Court at Barrackpore, North 24-Parganas.

The petitioners submit that at least three applications are pending.

Considering the submissions, this Court is of the view that the prayer of the petitioners for early disposal of the proceedings, is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

Under such circumstances, the revisional application is disposed of, with a direction upon the learned court below to

dispose of the applications within a period of six months from the next date fixed as per the seriality they deserve, independently and strictly in accordance with law, upon allowing the parties to contest the proceeding. Thereafter, the learned court shall proceed with the suit in accordance with law and dispose of the same preferably within two years from the date of disposal of the applications. Unnecessary adjournments shall not be granted to any of the parties. This Court has neither gone into the merits of the applications nor into the merits of the suit. A copy of the revisional application along with a server copy of this order be served upon the opposite party within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)