Jayasree Ghosh v. Nanda Nayak

10.03.2022 Ct. 21 D/L 64 ab C.O. 1812 of 2021 Smt. Jayasree Ghosh -VsNanda Nayak Mr. Ayan Mitra, Mr. Chandan Mondal, ... for the petitioner Mr. Ayan Mitra, learned advocate appears for the petitioner.

The learned advocate for the petitioner files affidavit of service along with postal receipts and track report showing due service on the opposite party. None appears from the side of the opposite party. The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the suit being Ejectment Suit No. 377 of 2008, pending before the learned 3rd Bench of the Small Causes Court at Calcutta.

It has been submitted by the learned advocate for the petitioner that the learned advocate commissioner, who was appointed to hold local inspection of the suit property in the year 2017, have failed to submit his/her report till date. Therefore, he prays that necessary

direction may be given to the learned advocate commissioner to submit the report immediately. The learned advocate commissioner is directed to submit the report positively by the end of the month of March, without granting any unnecessary adjournment to either of the parties during inspection. The learned Court below is further directed to make an endeavour to dispose of the suit being Ejectment Suit No. 377 of 2008, as expeditiously as possible and in any event, within a period of one year from the date of communication of this order, without granting any adjournment whatsoever to any of the parties, as the suit is pending since 2008.

Accordingly, the revisional application being C.O. 1812 of 2021 is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)