M/S Makelife Construction Pvt Ltd. v. Nirmala Dave And ORS

ML33 July 24 sandip Ct. 19 03.07.2024 In The High Court At Calcutta Civil Revisional Jurisdiction (Appellate Side) C.O. No. 1364 of 2024 M/s. Makelife Construction Pvt. Ltd.

Vs.

Nirmala Dave & Ors.

Mr. Shaunak Ghosh, Mr. Sourav Mondal, Mr. Swapnadwip Das ... For the petitioner. The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties, as such, service of notice of the present application upon the said opposite parties is dispensed with.

The petitioner is the plaintiff of the Ejectment Suit No. 6 of 2019 (M/s. Makelife Construction Pvt. Ltd. V. Nirmala Dave & Ors.). The said suit is pending before the 4th Court of learned Civil Judge (Junior Division) at Alipore, District - 24 Parganas (South). The petitioner is complaining delay in disposal of the said suit and is praying a direction for expeditious disposal of it. It appears from the record that the application under Section 7

(2) of the West Bengal Premises Tenancy Act, 1997 has already been disposed of and date has been fixed for framing of issues. The suit being a suit for eviction, the plaintiff can legitimately expect its logical conclusion within a reasonable time. The learned Trial Judge, therefore is requested to make all endeavour to dispose of the said suit as expeditiously as possible in accordance with law and in doing so shall not grant any unnecessary adjournment to either of the parties.

C.O. 1364 of 2024 is disposed of with the above terms without any order as to costs.

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

(Biswajit Basu, J.)