Shyam Prakash Singh And ORS. v. Pradip Rana And ORS.

July 24, 2023 Sl. No.126 Court No.19 s.biswas CO 654 of 2022 Shyam Prakash Singh and others vs.

Pradip Rana and others Mr. Manwendra Singh Yadav Ms. Satabdi Naskar Kundu ... for the petitioners The petitioners are the plaintiffs in R.C. 98 of 2003, which is pending before the learned Additional Civil Judge (Junior Division), 6th Court, Alipore, South 24 Parganas. It is submitted that the suit has been pending since long. Evidence has not yet commenced. It is further submitted that an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 is still pending disposal. The petitioners pray for expeditious disposal of the pending application as also the suit.

Under such circumstances, this court is of the view that justice would be subserved, if the learned court below is directed to dispose of the pending application as also the suit, on an urgent basis. This court has neither gone into the merits of the application nor into the merits of the suit. An order of expeditious disposal of any litigation, enures to the benefit of all the parties. Hence, prior service of this revisional application upon the opposite parties, would not be necessary. The prayer is innocuous.

The revisional application is disposed of with a direction upon the learned court below to dispose of the pending application within a month from the next date fixed and thereafter make an endeavour to proceed with the suit and dispose of the same within a period of six months after disposal of the application, without granting unnecessary adjournments to either of the parties. The learned court below shall proceed strictly in accordance with law and independently.

Petitioners are directed to serve a copy of this revisional application along with the server copy of this order upon the opposite parties.

Accordingly, the revisional application is disposed of.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)