Swapna Dey And ORS v. Rampada Biswas And ANR

AG M/R 06.04.

C.O. 673 of 2022 KB Ct Smt. Swapna Dey & Ors Vs Rampada Biswas & Anr Mr. Shyamal Chakraborty , ... For the petitioners.

A direction to secure expeditious disposal of a suit for eviction, instituted in the year 2012, is the ultimate prayer in this revisional application.

Mr. Shyamal Chakraborty, learned advocate appearing for the plaintiffs/landlords submits that a suit for eviction was filed in the year 2012 taking the ground of reasonable requirement with the others. The prayer for local inspection commission was allowed at the instance of the petitioners, and the report has also been submitted. Similarly defendants' prayer for local inspection commission was also allowed on 19.09.2018.

It is contended by the learned advocate for the petitioners that the suit is getting delayed thereafter due to non-submission of the learned Commissioner's Report", in terms of the order dated 19.09.2018. In view of the nature of the order proposed to be made, no prior notice upon the opposite parties is considered necessary.

The service upon the opposite parties is thus

dispensed with.

Accordingly, learned Civil Judge (Junior Division), 1st Court at Barrackpore in Title Suit No. 339 of 2012 is requested to ensure expeditious collection of learned Commissioner's Report in terms of the order dated 19.09.2018 putting sincerest efforts for the purpose, but without granting unnecessary adjournments, unless it is extremely unavoidable.

While endeavouring such exercise, the year of institution of the pending suit may also be taken into account, and the learned Court below may proceed with the disposal of the suit in the manner, as situation of the case would demand, so as to dispense with the justice in a best possible manner, after ensuring collection of the learned Commissioner's Report, referred hereinabove, preferably within a period of one year from the date of communication of this order for the compelling reasons disclosed hereinabove. Petitioners are directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties and opposite parties.

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

(Subhasis Dasgupta, J)