Abdul Motleb v. Abdul Rashid

20.03.2023 Ct. No.237 pg.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURICTION APPELLATE SIDE CO 353 of 2023 Abdul Motleb Vs.

Abdul Rashid Mr. Debdutta Basu ... For the petitioner This is an application under Article 227 of the Constitution of India alleging, inter alia, that in the suit for eviction, defendant filed applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 on 15th July, 2019 and from then on the applications are pending in spite of filing the written objection on behalf of the plaintiff. The prayer in the instant application is for expeditious disposal of these applications.

Considering the nature of prayer, i.e., expeditious disposal, I do not find any reason to ask the petitioner to serve notice upon the opposite party. Thus, service of notice upon the opposite party stands dispensed with. From the record, particularly, the certified copies of the orders passed, I find that the defendant took adjournment for several time for hearing of the applications and in these circumstances, the learned Civil Judge (Senior Division), 5th Court, Alipore, is requested to

dispose of these applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 as expeditiously as possible, preferably within one month from the date of receipt of this order.

With the above observation, the revisional application, being CO 353 of 2023, stands disposed of. Learned advocate appearing on behalf of the petitioner is at liberty to bring this order to the notice of the learned Civil Judge (Senior Division), 5th Court, Alipore, forthwith.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court without insisting upon production of a certified copy thereof.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)