Tarak Mukherjee v. Narayan Chandra Saha
58,DL,Ct.18 23.09.2021 AJ.
C.O. 1670 of 2021 (Through Video Conference) Sri Tarak Mukherjee -Vs- Sri Narayan Chandra Saha @ Narayan Saha Mr. Arnab Roy.
... 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 petitioner is the plaintiff of the eviction suit being Title Suit No. 682 of 2017 pending before the 1st Court of the learned Civil Judge (Junior Division) at Barasat, District 24Parganas (North). The application filed by the defendant/ opposite party in the said suit under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 was dismissed. The order of dismissal of the said application was affirmed by the Hon'ble Supreme Court.
The petitioner thereafter on March 12, 2020 has filed an application under Section 7(3) of the said Act of 1997.
The petitioner complains inordinate delay in disposal of the said application and prays for a direction upon the learned Trial Judge for expeditious disposal of it.
It appears from record that the learned Trial Judge has fixed September 27, 2021 as the next date for hearing of the said application. In view of the relief sought for in the suit and the nature of the said application, the learned Trial Judge is requested to dispose of the said application within a period of one working month from the date of communication of this order. The learned Trial Judge to adhere to the time limit fixed by this order for disposal of the said application shall not grant any unnecessary adjournment to either of the parties.
C.O. 1670 of 2021 is disposed of with the above terms without any order as to costs.
The petitioner is required to communicate this order to the learned advocate for the opposite party before the next date fixed in the said suit. 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.)