Anoova Mandal And ANR. v. Manu Das And ANR.

02.12.2021 Ct. 21 D/L 17 ab C.O. 848 of 2021 (Via Video Conference) Anoova Mandal & Anr.

-VsSmt. Manu Das & Anr.

Mr. Rajdeep Bhattacharya, Ms. Savanti Ray, ... for the petitioners Mr. Rajdeep Bhattacharya, learned advocate appears for the petitioner. He submits that the petitioners being the owners of the disputed property, filed an eviction suit being Eviction Suit No. 98 of 2017 against the opposite parties, which is pending before the learned Civil Judge (Junior Division), 1st Court, Alipore, South 24 Parganas. In the said proceeding, the petitioners filed applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, but till date the same have not been disposed of by the Court below as learned Court below has mechanically giving adjournments on the prayer of the opposite parties. Therefore, he prays that the Court below may be directed to dispose of the said applications at the earliest.

Considered.

Since the petitioners have prayed for expeditious disposal of the pending applications in Eviction Suit No. 98 of 2017, no interest of the opposite parties is likely to be prejudiced. Therefore, the prayer is allowed.

Service of notice upon the opposite parties is dispensed with.

The learned Civil Judge (Junior Division), 1st Court, Alipore, South 24 Paragons is requested to dispose of the applications filed by the petitioners under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, as expeditiously as possible and in any event, within a period of two months from the date of communication of this order.

The learned Civil Judge (Junior Division), 1st Court, Alipore, South 24 Parganas is also requested to make an effort to dispose of the Eviction Suit No. 98 of 2017 as expeditiously as possible, having regard to the diary maintained by him/her.

Accordingly, the revisional application being C.O. 848 of 2021 is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)