Amiya Chorone Roquitte Alias Amiya Charan Rakshit v. Sabir Yusuf Chiba

17.07.2023 Sl. No.70(DL) srm C.O. No. 2295 of 2023 Amiya Chorone Roquittee @ Amiya Charan Rakshit

Versus

Sabir Yusuf Chiba Mr. Meghnad Dutt, Ms. Shreya Choudhary ...for the Petitioner.

Mr. Dhiraj Kumar Gupta, Mr. Swarup Saha ...for the Opposite Party.

The petitioner is the plaintiff in Ejectment Suit No.9 of 2019, which is pending before the learned Judge, 2nd Bench, City Civil Court at Calcutta.

It is submitted that the applications filed by the defendant under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 as also an application for amendment of the plaint, filed by the plaintiff, are pending. The petitioner prays 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 within a period of three months from the next date fixed, strictly in accordance with law and independently, upon giving opportunity to the parties to file their respective written objections, if not already filed. Thereafter, the court shall proceed with the hearing of the suit and dispose of the same within a year 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 application.

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.)