Debasish Chakraborty v. Kakali Sengupta And ANR

22.04.2024 Ct. No. 19 Sl. No. 13 Cp CO/767/2024 DEBASISH CHAKRABORTY VS KAKALI SENGUPTA AND ANR Mr. Sukanta Chakraborty Mr. Anindya Halder ... for the petitioner.

The petitioner prays for expeditious disposal of an application under Section 151 of the Code of Civil Procedure filed in connection with Ejectment Suit No. 3 of 2013, which is pending before the learned Civil Judge (Junior Division), 5th Court, Alipore as also expeditious disposal of the suit.

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 to dispose of the application within two months from the next date fixed. Adequate opportunity shall be granted to the parties to contest the same. Thereafter the learned court is requested to make sincere endeavour to dispose of the

suit on the basis of the outcome of the application, within a year from the date of disposal of the application. This court has not expressed any opinion on the merits of the application and 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, within a week.

The revisional application is accordingly disposed of. There shall be no order as to costs.

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