Keka Guha & ANR v. Basudev Sarkar

20th November, 2020 (D/L No.9) (SKB) C.O. 1147 of 2020 With CAN 1 of 2020 (Old CAN 4039 of 2020) (Via Video Conference) Smt. Keka Guha and another

Versus

Basudev Sarkar Mr. Kushal Chatterjee, Mr. Debabrata Roy ... for the petitioners.

Learned Counsel appearing for the petitioner seeks to mould his prayer from transfer of the suit pending before the Barrackpore Court to the Barasat Court to an order of expedition simpliciter. Counsel submits that at the time when the application was filed, namely, on 8th July, 2020, the Barrackpore Court did not have proper or adequate infrastructure conducive to matters being heard expeditiously. Since October, 2020 the facilities at Barrackpore Court has improved, Counsel submits that the infrastructure at the said court is now sufficient for hearing the suit. Counsel, therefore, seeks an order that the Ejectment Suit filed on 2011 be expedited. In view of the above submissions, this Court thinks it fit to pass an order requesting the learned Civil Judge (Junior Division), 7th Court, Barrackpore to make a serious attempt to hear and dispose of the Ejectment Suit No.54 of 2011 within a period of 16 weeks from date.

Since Counsel submits that no date has been fixed by the learned court below for hearing of the suit, the learned court below is requested to take proper steps in that regard.

C.O. 1147 of 2020 is disposed of in terms of the above.

The application being CAN 1 of 2020(Old CAN 4039 of 2020) is also disposed of by this order.

(Moushumi Bhattacharya, J.)