Gopal Chandra Ghosh And ANR v. Suresh Chand Agarwal And ANR

23.02.2022 Ct. 21 D/L 166 ab C.O. 338 of 2022 (Via Video Conference) Gopal Chandra Ghosh & Anr.

-VsSuresh Chandra Agarwal & 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 filed under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 in connection with Ejectment Suit No. 7 of 2020 as well as the suit itself, pending before the learned Civil Judge (Senior Division), 5th Court at Alipore, 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 ejectment suit, 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 (Senior Division), 5th Court at Alipore, South 24 Parganas, is requested to dispose of the application filed under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 in connection with Ejectment Suit No. 7 of 2020, 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.

The learned Court below is further requested, after disposal of the application under Section 7(2) of the West Bengal Premises Act, to make an endeavour to dispose of the ejectment suit being Ejectment Suit No. 7 of 2020, as expeditiously as possible and in any event, within a period of one year threafter, without granting any adjournment whatsoever to any of the parties. Accordingly, the revisional application being C.O. 338 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.)