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Calcutta High CourtCO/2735/2023disposed

Samir Kumar Sengupta v. Ashis Mukherjee

2023-09-29Hon'Ble Justice Shampa Sarkar2 pages

September 29, 2023 Sl. No.11 Court No.19 s.biswas CO 2735 of 2023 Samir Kumar Sengupta vs.

Ashis Mukherjee Mr. Sourav Sen Mr. Debnath Mahata ... for the petitioner Mr. Sabyasachi Mukherjee Mr. Bibek Dey Mr. Syed Neaz Ahmed ... for the opposite party The court does not find any reason to interfere with the order passed by the learned trial court. Upon considering the predicament of the petitioner, the learned judge directed that the landlord/petitioner shall always be at liberty to withdraw the rent that had been deposited in the court.

Although, this court finds that the learned court below had not adduced proper reasons in rejecting the prayer of the petitioner for direct acceptance and payment of rent, in my opinion, the ultimate conclusion is correct.

Thus, the order dated January 5, 2023, passed by the learned Civil Judge (Junior Division), 2nd Court at Barrackpore, North 24 Parganas, in Ejectment Suit No.69 of 2009, does not call for any interference.

The learned court below shall expedite the suit and dispose of the same within a year from the date

of communication of this order, without granting unnecessary adjournments to either of the parties. The revisional application is thus disposed of. All the parties are directed to act on the basis of the server copy of the order.

Urgent Photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Shampa Sarkar, J.)