Pravati Dey v. Seema Bhattacharjee And ANR
SK Ct. No. 18 06.04.2021 C.O. No. 512 of 2021 (Via Video Conference) Smt. Pravati Dey Vs.
Smt. Seema Bhowmick & Anr.
Mr. Abhijit Roy, Mr. Soumen Bhattacharjee ... For the petitioner. Mr. Debdipto Banerjee ... For the opposite parties. Affidavit of service filed in Court today be kept with the record.
The petitioner is the plaintiff of Ejectment Suit No. 05 of 2018, pending before the learned Civil Judge, (Senior Division) at Sealdah.
The defendants, the opposite parties herein, in the said suit on June 30, 2018 had filed two applications, one under Order VII Rule 11 of the Code of Civil Procedure and another under Section 7 (2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the 'said Act' in short).
The petitioner complains that the disposal of the said applications has been unnecessarily dragged affecting the further progress of the said suit. The petitioner prays for a direction upon the learned trial Judge for expeditious disposal of the said applications.
Mr. Abhijit Roy learned advocate for the petitioner and Mr. Debdipto Banerjee, learned advocate appearing for the opposite parties jointly inform this Court that April 22, 2021 is the next date fixed for hearing of those applications.
An application under Section 7(2) of the said Act of 1997 is required to be disposed of as soon as possible within one year from the date of filing, that is the mandate of the said provision of the said Act of 1997. An application under Order VII Rule 11 of the Code by its nature demands expeditious disposal.
The learned trial Judge, therefore, is directed to dispose of the said applications within a period of three weeks from the date already fixed and in doing so shall not grant any unnecessary adjournment to either of the parties.
C.O. 512 of 2021 is thus disposed of without any order as to costs.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)