← Library
Calcutta High CourtCO/1248/2023disposed

Trishna Nath And ORS v. Subol Chandra Das

2023-06-22Hon'Ble Justice Shampa Sarkar2 pages

June 22, 2023 Sl. No.209 Court No.19 s.biswas CO 1248 of 2023 Smt. Trishna Nath and others vs.

Sri Subol Chandra Das Mr. Triptimoy Taluder Mr. Diptimoy Talukder ... for the petitioners The petitioners are the plaintiffs in Title Suit No.253 of 2017, which has been pending before the learned Civil Judge (Junior Division), 1st Court, Barrackpore.

The petitioners submit that the suit has been pending since long. It is also submitted that an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 filed on September 12, 2018, has not yet been taken up. The petitioners have filed an objection to the said application. The petitioners pray for expeditious disposal of the pending application and the suit.

Considering the age of the suit and the records, this court is of the view that justice would be subserved if the learned court below is directed to dispose of the pending application expeditiously, along with the suit.

This court has neither gone into the merits of the application nor into the merits of the suit. An order of expeditious disposal of any litigation, enures to the benefit of all the parties. Hence, prior service

of this revisional application upon the opposite party would not be necessary. The prayer is innocuous. The revisional application is disposed of with direction upon the learned court below to dispose of the application filed under Section 7(2) of the Act within a month from the next date fixed and upon disposal of the said application, learned court below shall proceed with the hearing of the suit and dispose of the suit within a year following the disposal of the application, without granting any unnecessary adjournments to either of the parties. Petitioners are directed to serve a copy of this revisional application along with the server copy of this order upon the opposite party.

Accordingly, the revisional application is disposed of.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)