Atanu Mallick v. Smt Anima Senapati And ORS

AG M/R 13.06.

C.O. 1273 of 2022 KB Ct Sri Atanu Mallick Vs Smt. Anima Senapati & Ors.

Mr. Amitava Pain, Mr. Partha Pratim Mukherjee Mr. V. K. Tripathi.

... For the petitioner.

A direction to secure expeditious disposal of Title Suit No. 51 of 2017 pending before the learned Civil Judge (Junior Division), 1st Court, Chandernagore, Hooghly is the ultimate relief sought for in this case.

The only contention expressed by the learned advocate for the petitioner is against the delay caused in the disposal of suit, for the adjournment being granted, even at the mere asking of the opposite parties.

Admittedly petitioner is a landlord, and the eviction suit was instituted in the year 2017. 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 parties.

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

Accordingly, learned Civil Judge (Junior

Division), 1st Court, Chandernagore, Hooghly in Title Suit No. 51 of 2017 is requested to ensure expeditious disposal of suit, after causing disposal of the interlocutory application, if there be any pending, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable.

While endeavoring such exercise, the court below may look into account the year of institution of eviction suit, and proceed with the disposal of the suit, bearing in mind the order dated 24th March, 2022, wherein defence of the opposite parties had already been struck out by operation of law, and after providing scope to defendant/opposite party in terms of the order dated 24th March, 2022, so that logical conclusion of suit may be reached at an early date. 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 parties and the opposite parties.

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)