Parbati Bose And ORS v. Jugal Kishore Sharma

24.08.2023 Court No. 19 Item No.26 CP C.O. 405 of 2023 Smt. Parbati Bose & ors.

Vs.

Sri Jugal Kishore Sharma Mr. Sourabh Guha Thakurata Ms. N. Sarkar ......for the petitioners.

The petitioner is the landlord in Title Suit No. 826 of 2018. The suit is for eviction of a licensee. It is submitted that applications under Section 7(1) and 7(2) of the West Bengal Premises Tenancy Act are pending. The expeditious disposal of the application as also the suit has been made.

The prayer of the petitioners 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.

The revisional application is disposed of with a direction upon the learned court below to dispose of the said application, within a period of two months from the next date fixed, upon granting adequate opportunity to the parties to contest the same.

Thereafter, the suit shall proceed and be disposed of within a year.

This court has not expressed any opinion on the merits of the pending application as also the suit. The learned court shall proceed independently and in accordance with law.

A copy of the revisional application along with a server copy of this order be served upon the opposite party and/or the learned advocate contesting the matter on behalf of the opposite party in the learned court below, within a week.

The revisional application is accordingly disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)