Ganesh Keshari v. Sushila Pinpara

SK Ct. No. 18 21.01.2021 C.O. No. 381 of 2020 (Via Video Conference) Ganesh Keshori Vs.

Sushila Pinpara & Anr.

Mr. Amal Kumar Banerjee ... For the petitioner. The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties, as such service of notice of the present application upon the opposite parties is dispensed with.

The plaintiff has filed Title Suit No. 85 of 2013 for eviction of the opposite parties from the suit property, which is pending before the 1st Court of learned Civil Judge, (Junior Division), at Rampurhat, District Birbhum. The petitioner complains that the disposal of the said suit is being unnecessarily deferred due to the dilatory tactics adopted by the opposite parties.

On perusal of the records it appears that the suit although was filed in the year 2013 and has reached to the stage of recording evidence for the plaintiff, but the same could not be disposed of due to repeated adjournments taken by the opposite parties.

Learned counsel for the petitioner submits that during the pendency of the present application the evidence from the side of the plaintiff has already been concluded.

The Courts are resuming normal functioning during Covid - 19 pandemic period. At this stage direction upon the learned trial Judge for disposal of any lis within a specific period is not warranted. However, considering the nature of the suit and the stage to which the connected suit has reached, it is expected and desired that the learned trial Judge shall make all endeavour to dispose of the same expeditiously and in doing so shall not entertain the prayer of the parties for any unnecessary adjournment. C.O. 381 of 2020 is disposed of with the above terms. No order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)