Tara Gouri Dave v. Pradip Kumar Khandhadia

Item No.9 24.04.2024 Court. No. 19 GB C.O. 990 of 2024 Smt. Tara Gouri Dave Vs.

Pradip Kumar Khandhadia Mr. Arjun Samanta ... for the Petitioner.

By this application, the petitioner seeks expeditious disposal of Ejectment Suit No.433 of 2004, which is pending before the learned Judge, 4th Bench, Small Causes Court at Calcutta.

It is submitted that no interlocutory applications are pending. The suit is at the stage of evidence. Considering the submissions, this Court is of the view that 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 party.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court to make a sincere endeavour to dispose of the suit within a period of six months from the next date fixed. Adequate opportunity shall be granted to the parties to contest the same. This court has not expressed any opinion on the merits of 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 party and/or the learned advocate contesting the matter on behalf of the opposite party in the learned court below.

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.)