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Calcutta High CourtCO/1524/2022disposed

Lakshmi Rani Pal And ORS v. Radheshyam Keshri

2022-07-22Hon'Ble Justice Subhasis Dasgupta2 pages

AG M/R 22.07.

C.O. 1524 of 2022 KB Ct Smt. Lakshmi Rani Pal & Ors.

Vs Radheshyam Keshri Alias Radhey Shyam Shaw.

Mr. Rahul Karmakar, Mr. Saunak Mukherjee, ... For the petitioners.

A direction to secure expeditious disposal of Title Suit No. 1243 of 2019 now pending before the learned Judge, 10th Bench, City Civil Court, Calcutta is the ultimate relief sought for in this case. This is a suit for declaration of tenancy right in which petitioners/defendants have already filed a counter claim of eviction in aid of Section 2g of West Bengal Premises Tenancy Act.

Mr. Rahul Karmakar, learned advocate appearing for the petitioners in his usual fairness submits that an application for local inspection under Order 39 Rule 7 is pending, and besides this, there is no other interlocutory application requiring decision to be returned by the Court below.

The only contention expressed by the learned advocate for the petitioner is against the delay caused in the disposal of the suit.

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 party.

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

Accordingly, learned Judge, 10th Bench, City Civil Court, Calcutta in Title Suit No. 1243 of 2019 is requested to ensure expeditious disposal of pending suit after causing disposal of interlocutory application, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable.

Petitioners are 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 party and the opposite party.

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)