Calcutta High CourtCO/2753/2023disposed

Arijeet Doss Mullick v. Sima Banerjee And ANR

2023-08-31Hon'Ble Justice Shampa Sarkar2 pages

31.08.2023 Sl. No.47(DL) srm C.O. No. 2753 of 2023 Arijeet Doss Mullick

Versus

Smt. Sima Banerjee & Anr.

Mr. Subhankar Chakraborty, Mr. Satparshi Bhattacharjee, Ms. Ruchira Manna ...for the Petitioner.

The petitioner prays for expeditious disposal of Ejectment Suit No.5 of 2019, which is pending before the learned Judge, 7th Bench, City Civil Court at Calcutta. It is submitted that the application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 has been reserved for judgment. That three other applications are pending. 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 application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 within a period of two weeks from the next date fixed and the other applications shall

be disposed of within a period of three months from the next date fixed, according to the seriality as the court thinks fit, independently and strictly in accordance with law, upon granting adequate opportunity to the parties to contest the proceedings and by giving opportunity to file written objections, if not already filed. Thereafter, the court shall proceed with the hearing of the suit and dispose of the same within a period of one 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 gone into the merits of the applications. 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.)