Sujit Prasanna Dutta v. Suresh V Shah@Suresh Kumar Shah And ANR

06.05.2022 Item No.9 Ct. No.7 CHC (disposed of) C.O.982 of 2022 Sri Sujit Prasanna Dutta Vs.

Sri Suresh V. Shah alias Suresh Kumar Shah & anr.

Mr. Swapan Kumar Pal, Ms. Mahuya Dutta Biswas ...for the petitioner A direction to secure expeditious disposal of eviction suit being Ejectment Suit No.4 of 2012, pending in the court of learned Civil Judge (Junior Division), 4th Court, at Alipore, is the ultimate relief sought for in this case.

Admittedly, the petitioner/plaintiff/landlord has instituted the suit for eviction in the year 2012, taking the grounds as available under Section 6 of the W.B.P.T. Act.

As per submission disclosed by learned advocate for the petitioner that the case is at the stage of collection of evidence.

The only contention expressed by the learned advocate for the petitioner is against the delay caused in the disposal of the suit.

In view of the nature of order proposed to be made in this case, no prior notice is considered to be

necessary. Service upon the opposite party stands dispensed with.

Accordingly, learned Civil Judge (Junior Division), 4th Court, Alipore, in connection with Ejectment Suit No.4 of 2012, is requested to ensure expeditious disposal of pending eviction suit, providing sufficient opportunity of hearing to either of the parties to this case, but without granting any unnecessary adjournment, unless it is extremely unavoidable. While endeavouring such exercise, the year of institution of eviction suit may be taken into account, and the learned court below may proceed with the disposal of the suit in the manner, as situation of the case would demand, so as to dispense with justice in a best possible and expeditious manner.

Petitioner is directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite party and the opposite party.

With this observation/direction, 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.)