Mira Sadhukhan And ORS v. Prosanta Ghosh

25.04.2024 Ct. No. 19 Sl. No.07 Cp CO/552/2024 MIRA SADHUKHAN AND ORS VS PROSANTA GHOSH Mr. Sanjib Seth ... for the Petitioners.

The petitioners pray for expeditious disposal of a pending application under Section 7(2) of the West Bengal Premises Tenancy Act filed in connection with Title Suit No. 779 of 2021 which is pending before the learned Civil Judge (Junior Division), 5th Court, Howrah.

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 to dispose of the application within three months from the next date fixed. Adequate opportunity shall be granted to the parties to contest the same. Thereafter the learned court is requested to make sincere endeavour to dispose of the suit within a year from the date of disposal of the application.

This court has not expressed any opinion on the merits of the application and 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.)