← Library
Calcutta High CourtCO/1390/2025disposed

Kashiswar Roy Chowdhury v. Rajendra Agarwal

2025-04-24Hon'Ble Justice Hiranmay Bhattacharyya2 pages

D/L- 22 24/04/2025 Ct. No.-6 Aritra C.O. 1390 of 2025 Kashiswar Roy Chowdhury Vs.

Rejendra Agarwal Mr. Tarak Nath Halder ....for the petitioner This application under Article of the Constitution of India is at the instance of the praying for a direction upon the learned Civil Judge (Jr. Div.), 2nd Court at Sealdah to dispose of the Ejectment Suit No.102 of 2012 expeditiously.

Mr. Halder, learned advocate appearing for the petitioner submits that the application under Order 39 Rule 7 of the Code of Civil Procedure is pending since January, 2020.

In view of the order sought and proposed to be passed there is no necessity to direct issuance of any notice upon the opposite parties. However, the learned advocate for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite parties or their learned advocates appearing before the learned Trial Judge.

In the light of the submissions made by the learned advocate appearing for the petitioner CO 1390 of 2025 is disposed of by requesting the learned Civil Judge (Jr. Div.), 2nd Court at Sealdah to take up the hearing of

the application under Order 39 Rule 7 of the Code of Civil Procedure on the next date i.e. on July 9, 2025 and to dispose of the same as expeditiously as possible without granting any unnecessary adjournments to either of the parties.

After disposal of the interlocutory applications the learned trial judge is requested to make an endeavor to dispose of the Ejectment Suit No.102 of 2012 as expeditiously as possible but preferably within a period of nine (9) month from the date of disposal of all interlocutory applications.

This order is passed taking note of the fact that the suit is pending from the year 2012 and the same is for eviction inter alia on the ground of reasonable requirement.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Hiranmay Bhattacharyya, J.)