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Calcutta High CourtCO/317/2021disposed

Somnath Dey v. Mintu Mondal And Others

2021-02-11Hon'Ble Justice Biswajit Basu2 pages

05,DL,Ct.18 11.02.2021 AJ.

C.O. 317 of 2021 (Via Video Conference) Sri Somnath Dey -Vs- Sri Mintu Mondal & Ors.

Mr. Satrajit Sinha Roy.

... 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 this application upon the said opposite parties is dispensed with.

The petitioner is the plaintiff of Title Suit No.80 of 2016, pending before the 1st Court of the learned Civil Judge (Junior Division), Katwa, district Burdwan.

The grievance of the petitioner is that the disposal of the said suit is being unnecessarily dragged. On perusal of the records it appears that the suit has reached the stage of peremptory hearing.

The Courts are resuming normal functioning slowly during this Covid-19 pandemic period, as such, this Court is not inclined to direct the learned Trial Judge to dispose of the said suit within a specific time as prayed for by the petitioner.

However, considering that the suit is a suit for eviction and it has reached the stage of peremptory hearing, the learned Trial Judge is requested to make all endeavour to dispose of the said suit expeditiously and in doing so shall not grant any unnecessary adjournment to either of the parties.

C.O. 317 of 2021 is, thus, disposed of.

There shall be no order for 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.)