Gausia Begum Alias Fathma Khatoon v. Lala Banu And ORS

Item No.8 19.03.2024 Court. No. 19 GB C.O. 591 of 2022 With CAN 1 of 2024 Gausia Begum @ Fathma Khatoon Vs.

Mrs. Lal Banu & Ors.

Mr. Manas malakar ... for the Petitioner.

The petitioner prays for expeditious disposal of the Ejectment Suit No.179 of 2014, which is pending before the Learned Judge, 4th Bench, Presidency Small Causes Court at Calcutta.

It is submitted that the suit is at the stage of evidence. Considering the submissions, this Court is of the view that the prayer of the petitioner 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 parties.

The revisional application is disposed of with a direction upon the learned court below to dispose of the suit within a period of six months from the next date fixed. Adequate opportunity shall be given to the parties to contest the same.

This court has not expressed any opinion on the merits of 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 parties and/or the learned advocate contesting the matter on behalf of the opposite parties in the learned court below.

The revisional application is accordingly disposed of. As the original CAN application cannot be traced from the records, a copy of the same is accepted by the Court and treated to be original.

With the disposal of the revisional application, CAN 1 of 2024 is disposed of accordingly.

There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)