Dr. Saikat Pal @ Saikat Kumar Pal v. Goutam Paul

AG M/R 08.06.

C.O. 1244 of 2022 KB Ct Dr. Saikat Pal @ Saikat Kumar Pal Vs.

Sri Goutam Paul Mr. Supriyo Chattopadhyay, Mr. Sudip Kumar Maiti ... For the petitioner.

A direction to secure expeditious disposal of Title Suit No. 1520 of 2016 now pending before the learned Civil Judge (Junior Division) 3rd Court at Howrah is the ultimate relief sought for in this case. Admittedly the petitioner is the landlord.

It is submitted by the learned advocate for the petitioner that the suit is getting delayed due to long pendency of an application for vacating the order setting the suit for ex parte hearing.

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

No other point is raised requiring address by this Court.

In view of the nature of the order proposed to be made in this case, no prior notice is considered to be necessary upon the opposite party.

Service of notice of this application upon opposite party stands dispensed with.

Accordingly, learned Civil Judge (Junior

Division) 3rd Court at Howrah, in Title Suit No. 1520 of 2016 is requested to ensure expeditious disposal of vacating application against the ex parte hearing of the suit, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable.

This would not, however, prevent the court below from ensuring expeditious disposal of the suit after adhering to the provisions of the law.

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 and direction, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)