Swapan Kumar Sur v. Rupak Mitra

25.03.2022 Item No.27 Ct. No.7 CHC (disposed of) C.O.642 of 2022 (Physical Hearing) Swapan Kumar Sur Vs.

Rupak Mitra Mr. Koustav Bagchi, Mr. Debayan Ghosh, Ms. Priti Kar ...for the petitioner A direction to secure expeditious disposal of a pending eviction suit instituted in the year 2012 is the only relief sought for in this revisional application. Mr. Bagchi, learned advocate appearing for the petitioner/plaintiff draws attention of this Court to photocopies of orders passed by the learned court below in order to reveal that the case is at the evidence stage, wherein cross-examination of P.W.1 has been continuing.

In view of the nature of the order proposed to be made, and bearing in mind the pendency of this case, no prior notice is considered to be necessary. Service of notice upon the opposite party stands dispensed with. Accordingly, learned Civil Judge (Junior Division), 2nd Court at Barrackpore in Title Suit No.16 of 2012 is directed to ensure expeditious disposal of pending suit referred hereinabove, preferably within the period of

eighteen (18) months from the date of communication of this order, but without granting any unnecessary adjournment, unless it is extremely unavoidable. While endeavouring such exercise, an opportunity of hearing to both the parties must be ensured. Petitioner is directed to make communication of this order to the learned court below as well as to the opposite party and his learned advocate appearing in the court below.

With this direction/observation, the instant revisional application stands disposed of.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)