West Bengal Housing Board v. Sunil Kumar Mishra And ORS

Item No. 52 31.07.2023 Court. No. 19 GB C.O. 2413 of 2023 West Bengal Housing Board Vs.

Sri Sunil Kumar Mishra & Ors.

Mr. Amit Kr. Nag, Mr. Partha Banerjee, Mr. M. Roy ... for the Petitioner.

The petitioner is the plaintiff in Title Suit No.13988 of 2014, which is pending before the learned Civil Judge (Senior Division), 1st Court at Barasat.

It is submitted that an application for local inspection has been pending for the past year.

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 suit nor on the merits of the application. 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 parties before its disposal. The prayer is innocuous.

Under such circumstances, this Court directs the learned Civil Judge (Senior Division), 1st Court at Barasat to dispose of the application within a period of two months from the next date fixed, upon giving adequate opportunity to the opposite parties to contest the same, by filing written objection, if not already done.

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. Petitioner is directed to serve a copy of the revisional application upon the opposite parties, along with a 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.)