Ashis Chakraborty And ANR v. Gopal Roy And ORS

01.02.2022 Ct. 21 D/L 8 ab C.O. 131 of 2022 (Via Video Conference) Ashis Chakraborty & Anr.

-VsGopal Roy & Ors.

Mr. Tarak Nath Halder, ... for the petitioners Mr. Tarak Nath Halder, learned advocate appears for the petitioners.

Record shows that the notice of this application has not been served on the opposite parties.

The petitioners by filing the present application under Article 227 of the Constitution of India have prayed for expeditious disposal of the application under Order 22 Rule 9 of the Code of Civil Procedure being Misc. Case No. 44 of 2021 as well as the application under Section 7(3) of the West Bengal Premises Tenancy Act, 1997 in connection with Ejectment Suit No. 34 of 2014, pending before the learned Civil Judge (Junior Division), 2nd Court at Sealdah, South 24 Parganas. The learned advocate for the petitioners submits that the learned Court below has been granting unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioners.

Having regard to the nature of relief claimed by the petitioners, being a prayer for expeditious disposal of the interlocutory applications, I do not find any need to serve notice of the present application on the

opposite parties and it is not likely to cause any prejudice to the interest of the opposite parties. Therefore, service of notice upon the opposite parties is dispensed with.

The learned Civil Judge (Junior Division), 2nd Court at Sealdah, South 24 Parganas, is requested to dispose of the application under Order 22 Rule 9 of the Code of Civil Procedure being Misc. Case No. 44 of 2021 as well as the application under Section 7(3) of the West Bengal Premises Tenancy Act, 1997 in connection with Ejectment Suit No. 34 of 2014, as expeditiously as possible and in any event, within a period of three months from the date of communication of this order, without granting any adjournment whatsoever to any of the parties.

Accordingly, the revisional application being C.O. 131 of 2022 is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)