Asha Bansal And ORS v. Sanjay Sharma

18.07.2023 Sl. No.80(DL) srm C.O. No. 2293 of 2023 Asha Bansal & Ors.

Versus

Sanjay Sharma Mr. Meghnad Dutt, Ms. Shreya Choudhary ...for the Petitioners.

The petitioners are the plaintiffs in Ejectment Suit No.71 of 2022, which is pending before the learned Judge, 12th Bench, City Civil Court at Calcutta.

It is submitted that an application under Order XXXIX Rule 7 read with Section 151 of the Code of Civil Procedure for appointment of an Advocate commissioner as also an application under Section 7(3) of the West Bengal Premises Tenancy Act, 1997 filed by the plaintiffs, are pending. The petitioners pray for expeditious disposal of the applications as also the said suit.

An order of expeditious disposal of any litigation enures to the benefit of all the parties and hence prior service of this revisional application upon the opposite party is not required. The prayer is innocuous.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court below to dispose of the applications preferably within a period of three months from the next date fixed, strictly in accordance with law and independently, upon giving opportunity to the opposite party to contest the applications and to file written objection, if not already filed. Thereafter, the court shall proceed with the hearing of the suit and dispose of the same within a period of two years from the date of disposal of the applications. Unnecessary adjournments shall not be granted to any of the parties.

This Court has neither gone into the merits of the suit nor into the merits of applications.

A copy of the revisional application along with a server copy of this order be served upon the opposite party within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)