Harsh Vardhan Mall v. Saroj Chowdhury

Item No. 57 11.07.2023 Court. No. 19 GB C.O. 2072 of 2023 Harsh Vardhan Mall Vs.

Saroj Chowdhury Mr. Meghnad Datta, Mr. Rakesh Jain ... for the Petitioner.

The petitioner is the plaintiff in Ejectment Suit No.6834 of 2014, which is pending before the learned Judge, 6th Bench, Presidency Small Causes Court at Calcutta. The petitioner prays for expeditious disposal of the suit. It is submitted that the suit is at the stage of evidence and the cross-examination of P.W.1 is going on since long Considering the age of the suit and considering the fact that the suit is at the advanced stage, this Court is of the view that the prayer of the petitioner is reasonable. This Court has not expressed any opinion on the merits of the suit. An order of expeditious disposal enures to the benefit of all the parties and hence this revisional application need not be served upon the opposite party before its disposal. The prayer is innocuous. Under such circumstances, this Court directs the learned Judge, 6th Bench, Presidency Small Causes Court at Calcutta to dispose of the title suit within a period of six months from the next date fixed upon giving adequate opportunity to the opposite party to contest the suit.

The learned court below shall proceed in accordance with law and independently, without granting unnecessary adjournment to either of the party.

Accordingly, the revisional application is disposed of. Petitioner is directed to serve a copy of the revisional application upon the opposite party, along with the server copy of this order.

However, there will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)