Ganesh Chandra Ghosh v. Sakuntala Dutta And ORS

19.01.2022 Ct. 21 D/L 37 ab C.O. 1046 of 2021 (Via Video Conference) Ganesh Chandra Ghosh -VsSm. Sakuntala Dutta & Ors.

Mr. Arijit Bardhan, Mr. Rishav Dutta Gupta, ... for the petitioner Mr. Arijit Bardhan, learned advocate appears for the petitioner.

Record shows that the notice of this application has not been served on the opposite parties.

The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the Ejectment Suit No. 83 of 2009, pending before the learned Civil Judge (Junior Division), 4th Court at Alipore, South 24 Parganas.

The learned advocate for the petitioner submits that the learned Court below has been granting unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioner.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the ejectment suit, I do not find any need to serve notice of the present application on the opposite parties and it is not likely to cause any prejudice to the interest of the

opposite parties. Therefore, service of notice upon the opposite parties is dispensed with.

The learned Civil Judge (Junior Division), 4th Court at Alipore, South 24 Parganas, is requested to dispose of the Ejectment Suit No. 83 of 2009, as expeditiously as possible and in any event, within a period of three months from the date of communication of this order, without granting any unnecessary adjournment to either of the parties, as the evidence of the plaintiff is already over and the case is only pending for D.W.s and argument.

Accordingly, the revisional application being C.O. 1046 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.)