Swapan Saha And ANR v. Gopal Chamaria And ORS

January 13, 2025 Sl. No. A 58 Court No.5 s.biswas CO 1371 of 2024 Swapan Saha and another vs.

Gopal Chamaria and others Mr. Rajarshi Dutta Mr. Santanu Chatterjee ... for the petitioner Mr. Ayan Banerjee Ms. Tanusri Sur (Aich) ... for the opposite party

1. Although the instant revisional application has been filed, inter alia, praying for a direction upon the learned Civil Judge (Senior Division), 2nd Court at Barasat, to dispose of the Title Suit 472 of 2020 (Swapan Saha & Anr. Vs. Gopal Chamaria & Ors.), learned advocate for the petitioner at the time of hearing of the instant revisional application would submit that an interlocutory application filed at the instance of the defendant no.2 on 9th July, 2022 is pending consideration before the learned court.

2. Having regard thereto, he would submit that this court may be pleased to direct the learned trial court to dispose of the aforesaid interlocutory application expeditiously.

3. Having regard to the nature of relief sought for as aforesaid, the aforesaid revisional application is taken up for consideration without prior notice on the opposite parties. Considering the fact that an interlocutory application filed by the

defendant no.2, inter alia, praying for direction to accept arrear lease rents in respect of the suit property is pending, this court without going into the merit of such application is of the view that the above revisional application can be disposed of by directing the learned Civil Judge (Senior Division), 2nd Court, Barasat in Title Suit No.472 of 2020 to dispose of the aforesaid interlocutory application expeditiously, preferably within a period of three months from the date of communication of this order. The learned judge may in the facts of this case considering the pendency of the suit since the year 2020, after disposal of the aforesaid interlocutory application dispose of the suit itself expeditiously, provided no other interlocutory applications are pending.

4. Accordingly, the instant revisional application stands disposed of.

5. The petitioners are directed to serve the copy of the revisional application on the opposite parties along with the order.

(Raja Basu Chowdhury, J.)