Samar Kr. Pan & ANR. v. Balaram Mondal & ANR.

04,DL,Ct.18 21.01.2021 AJ.

C.O. 1085 of 2020 Samar Kumar Pan & Anr.

-Vs- Balaram Mondal & Anr.

Mr. Ayan Kumar Boral.

... for the petitioners.

Leave is granted to Mr. Boral, learned advocate appearing on behalf of the plaintiffs/petitioners to correct the cause title of the revisional application.

The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties, as such service of notice of this application upon the said opposite parties is dispensed with.

The petitioners are the plaintiffs of the connected ejectment suit being Ejectment Suit No. 175 of 2006.

The petitioners complain that the suit for ejectment inter alia on the ground of reasonable requirement filed in the year 2006 has a little progress due to the constant adjournments being taken by the defendants/opposite parties.

Mr. Boral submits that one Sridam Mondal has filed an application for his addition in the said ejectment suit as defendant on November

23, 2016 but the said application and some other interlocutory applications filed in the said suit are still pending and pendency of those applications is arresting the further progress of the suit. He, therefore, prays a direction upon the learned Trial Judge for disposal of all the pending applications, including the said application for addition of party within a specified time.

It is disturbing to note that an ejectment suit filed in the year 2006 could not reach to its logical conclusion due to the pendency of interlocutory applications.

The 2nd Court of Learned Civil Judge (Junior Division) at Sealdah is therefore requested to dispose of the interlocutory applications filed in connection with the Ejectment Suit No. 175 of 2006 within a period of four months from the date of communication of this order and in doing so shall not grant any unnecessary adjournment to either of the parties.

C.O. 1085 of 2020 is disposed of with the above terms.

There shall be no order for 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.)