Seema Sinha @ Sima Sinha And ANR v. Sanjeev Yadav

sandip Ct. 18 04.10.2021 C.O. No. 1533 of 2021 (Via Video Conference) Smt. Seema Sinha @ Sima Sinha & Anr.

Vs.

Sri Sanjeev Yadav Mr. Susenjit Banik, Mr. Saptarshi Basu ... For the petitioners. Affidavit-of-service filed on behalf of the petitioners in Court today be kept with the record.

None appears on behalf of the opposite party in spite of service.

The petitioners are the defendants in a suit for declaration being Title Suit No. 279 of 2015 pending before the 4th Court of learned Civil Judge, (Junior Division) at Sealdah, District - 24 Parganas (North). The petitioners in the said suit filed an application under Section 151 of the Code of Civil Procedure praying restoration of their possession over the suit property alleging that during the pendency of the suit, they have been dispossessed.

The petitioners complain inordinate delay in disposal of the said application.

It appears from the record that the said application has been filed on January 02, 2017 and it is ready for hearing as affidavits to the said application have already been filed by the parties, therefore there is no

plausible reason for keeping the said application pending.

The learned Trial Judge is requested to dispose of the said application within a period of two available working months of the Court below and in doing so, shall not grant any unnecessary adjournment to either of the parties.

C.O. 1533 of 2021 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.)