Lilabati Trust Estate Repted By Madhusudan Sil And Nar v. Rajesh Bakshi

AGM 11.08.

/ RKB Ct C.O. 1766 of 2022 Lilabati Trust Estate Vs Sri Rajesh Bakshi Mr. Asit Baran Raut, Ms. Ishita Raut Mr. Tuhin Suthra Raut ... For the petitioner.

A direction to secure expeditious disposal of Ejectment Suit No. 315 of 2007, pending before the learned Civil Judge (Junior Division), 3rd Court, Alipore is the ultimate relief sought for in this case. Mr. Asit Baran Raut, learned advocate appearing for the petitioner submits that the suit is getting delayed for interlocutory application being filed suddenly by defendant/opposite party, under Order 8 Rule 9 of the Code of Civil Procedure, though the Ejectment Suit has already been set for preemptory hearing.

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

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 party.

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

Accordingly, learned Civil Judge (Junior Division), 3rd Court, Alipore, in Ejectment Suit No. 315 of 2007 is requested to ensure expeditious disposal of pending Ejectment Suit referred hereinabove, after causing disposal of interlocutory application mentioned hereinabove, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable.

While endeavouring such exercise, the pending interlocutory application may be disposed of expeditiously as possible preferably within a period of six weeks from the date of communication of this order, and thereafter the suit may be expeditiously disposed of as mentioned hereinabove, so as to dispense with justice in a faster mode.

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 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)