Arup Ratan Gooptu v. Krishna Dey And ORS

31 & 19.04.

32.

AG M/R C.O. 860 of 2022 KB Ct Sri Arup Ratan Gooptu Vs.

Smt. Krishna Dey & Ors.

With C.O. 861 of 2022 Sri Arup Ratan Gooptu Vs.

Smt. Krishna Dey & Ors.

Mr. Shaunak Ghosh, Mr. Sourav Mondal.

... For the petitioner.

A direction to secure expeditious disposal in both the cases referred above, is the ultimate relief sought for in these cases.

Mr. Shaunak Ghosh, learned advocate appearing for the petitioner submits that in the pending eviction suit, the petition under Section 7(2) of the West Bengal Premises Tenancy Act was filed on 12th December, 2011, but till date the same has not been disposed of. The only contention thus expressed by the learned advocate for the petitioner is against the delay caused in the disposal of the suit, particularly with reference to interlocutory application under Section 7(2) of W.B.P.T Act.

In view of the nature of the order proposed to be made in the cases referred above, no prior notice is considered to be necessary.

Accordingly, learned Judge, 3rd Bench, Presidency Small Causes Court, at Calcutta in Ejectment Suit No. 505 of 2011 and Ejectment Suit No. 504 of 2011 is requested to ensure expeditious disposal of pending application under Section 7(2), providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable.

While endeavouring such exercise, the long pendency of application under Section 7(2) may be taken into account, and learned court below may proceed to dispose of the interlocutory application, referred hereinabove, in the manner, as situation of the case, would demand, so as to dispense with the justice in a best possible and expeditious manner.

Petitioner is directed to make communication of this order to the learned court below, learned advocate appearing in the court below for the opposite parties separately, and the opposite parties in two suits as well.

With this observation and direction, the revisional applications stand disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)