Rina Dutta Nee Basak v. Parash Nath Jaiswal

18.04.2022 Sl. No. 11 Court No.7 B.M.

C.O 814 of 2022 Smt. Rina Dutta (nee Basak) Vs.

Parash Nath Jaiswal Mr. Tarak Nath Halder ... for the petitioner A direction to secure expeditious disposal of an inter locutory application, filed on 1st October, 2019, under Section 7(2) of the West Bengal Premises Tenancy Act, 1997, is the ultimate relief sought for in this case. The only contention expressed by the learned advocate for the petitioner is against the delay caused in the disposal of inter-locutory application, for adjournment being granted, on the prayer of the defendant/opposite party/tenant.

Admittedly, it is a suit for eviction taking the ground of default and reasonable requirement etc. as available under Section 6 of the West Bengal Premises Tenancy Act, 1997.

In view of the nature of the order proposed to be made in this case, no prior notice is considered to be necessary. Service upon the opposite party is, thus, dispensed with.

Accordingly, learned Civil Judge, Junior Division, 2nd Court, Sealdah in Ejectment Suit No.86 of 2019 is requested to ensure expeditious disposal of pending inter locutory application, particularly under Section 7(2) of the West Bengal Premises Tenancy Act, 1997, filed on 1st October, 2019, providing sufficient opportunity of hearing to either of the parties in this case, but without granting unnecessary adjournment, unless it is extremely unavoidable.

While endeavouring such exercise, this will however, not prevent the court below from ensuring expeditious disposal of suit in a best possible manner so as to dispense with the justice.

Petitioner is directed to communicate this order to the learned court below as well as the learned advocate appearing for the opposite parties and the opposite parties.

With this direction and observation, the 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)