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Calcutta High CourtCO/2575/2023disposed

Shayatan Ghosh Alias Sayantan Ghosh v. Ashim Mukherjee

2023-08-24Hon'Ble Justice Shampa Sarkar2 pages

August 24, 2023 Sl. No.53 Court No.19 s.biswas CO 2575 of 2023 Sri Shayantan Ghosh alias Sayantan Ghosh vs.

Sri Asim Mukherjee Mr. Anshunath Chakraborty ... for the petitioner The petitioner is the landlord/plaintiff, who seeks expeditious disposal of Ejectment Suit No.302 of 2018, which is pending before the learned Judge, 3rd Bench, Presidency Small Causes Court at Calcutta. According to the petitioner, the defendant has been filing frivolous applications only to delay the matter. It is further submitted that the suit is on the stage of evidence.

Under such circumstances, this court is of the view that justice would be subserved, if the learned court below is directed to dispose of the pending suit, on an urgent basis.

This court has not gone into the merits of the suit. An order of expeditious disposal of any litigation, enures to the benefit of all the parties. Hence, prior service of this revisional application upon the opposite party, would not be necessary. The prayer is innocuous and very reasonable.

The revisional application is disposed of with a direction upon the learned court below to dispose of the suit within a period of six months from the next date fixed positively, without granting unnecessary

adjournments to either of the parties and upon granting adequate opportunity to the opposite party to contest the proceedings. The learned court below shall proceed strictly in accordance with law and independently.

Petitioner is directed to serve a copy of this revisional application along with the server copy of this order upon the opposite party.

Accordingly, the revisional application is disposed of.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)