Indrajit Paul v. Gouri Sankar Shaw

11.06.2024 Item No.09, DL Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 1953 of 2024 Sri Indrajit Paul -Vs- Sri Gouri Sankar Shaw Mr. Krishnendu Bera.

......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 party, as such, service of notice of the present application upon the said opposite party is dispensed with.

The tenant-defendant/opposite party, aggrieved by the decree of eviction passed in Ejectment Suit no. 25 of 2015 has preferred the Ejectment Appeal No. 28 of 2023 which is pending before the 7th Court of the learned Additional District Judge at Alipore, District : 24-Parganas (South).

The petitioner is complaining that the appellant/opposite party is unnecessarily delaying the disposal of the said appeal.

On perusal of the certified copy of the orders passed in the said appeal, it appears that the grievance of the petitioner is justified.

The suit for ejectment was filed in the year 2015 on the ground of reasonable requirement, the plaintiff legitimately can expect a logical conclusion of the said suit within a reasonable time.

This Court is informed that July 09, 2024 is the next date fixed for hearing of the appeal. The Appeal Court below is requested to ensure commencement of hearing of the said appeal on the said date and shall make all endeavour to conclude it within a period of six weeks thereafter and in doing so, shall not grant any unnecessary adjournment to either of the parties.

The petitioner, within a week from date, is required to communicate this order to the opposite party as well as to his learned Advocate in the Appeal Court below. C.O. 1953 of 2024 is disposed of with the above terms without any order as to costs.

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

(Biswajit Basu, J.)