Asha Bansal And ORS v. Sachindra Kumar Jha And ANR

17.07.2023 Sl. No.71(DL) srm C.O. No. 2300 of 2023 Asha Bansal & Ors.

Versus

Sachindra Kumar Jha & Anr.

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

The petitioners are the plaintiffs in Ejectment Suit No.19 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 of the Code of Civil Procedure filed by the plaintiffs as also the applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 filed by the opposite parties, 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 parties 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.

A copy of the revisional application along with a server copy of this order, be served upon the opposite parties 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.)