Asha Bansal And ORS v. Giriwal Kumar Agarwal

Item No. 79 18.07.2023 Court. No. 19 GB C.O. 2292 of 2023 Asha Bansal & Ors.

Vs.

Giriwar Kumar Agarwal Mr. Meghnath Dutta, Ms. Shreya Chowdhury ... for the Petitioners.

The petitioners are the plaintiffs in Ejectment Suit No.27 of 2022, which is pending before the learned Judge, 12th Bench, City Civil Court at Calcutta.

It is submitted that the applications under Section 7(1) and 7(2) of the West Bengal Premises Tenancy Act as also an application under Order 39, Rule 7 of the Code of Civil Procedure are pending.

Considering the age of the suit, this Court is of the view that the prayer of the petitioner is reasonable. This Court has neither expressed any opinion on the merits of the appeal nor on the merits of the applications. 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, 12th Bench, City Civil Court at Calcutta to dispose of the applications within a period of four months from the next date fixed, upon giving adequate opportunity to the opposite party to contest the proceedings. Upon

disposal of the aforementioned applications, the suit shall be disposed of within the following year.

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

Accordingly, the revisional application is disposed of. Petitioners are 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.)