Tapati Mukherjee v. Sachindananda Ghatak And ORS

22.05.2025 Item No.7 Ct. No.446 PG/KS C.O. 2894 of 2024 Tapati Mukherjee

Versus

Sachindananda Ghatak & Ors.

Mr. Saunak Bhattacharya Mr. Sounak Mondal Mr. Abhirup Halder...................for the petitioner

1. This matter has been specially assigned before this Court vide an order dated 15th May, 2025 by the Hon'ble Chief Justice.

2. The learned advocate appearing for the petitioner submits that this revisional application is filed for expeditious disposal of the applications filed under Order 6 Rule 17 of the Code of Civil Procedure and section 7(3) of the West Bengal Premises Tenancy Act in connection with the Ejectment Suit.

3. It is further submitted that by the learned advocate for the petitioner that he being the landlord, filed this Ejectment Suit after his first suit filed under 1956 Act was dismissed and subsequently, upheld by this Hon'ble Court disposing of the second appeal.

4. The landlord has filed this eviction suit against the present opposite parties and in connection with that, the defendants took out an application under Order 7 Rule 11, which is already disposed of. The matter was fixed for ex parte hearing and the learned Court was pleased to allow the vacating of ex parte

application imposing cost of Rs. 5,000/- payable to this petitioner by the defendants/opposite parties.

5. It is submitted that at present, the amendment application and the petition under section 7(3) is pending since 2023.

6. Heard the submissions, perused the copies of certified copies of the order-sheets of the Ejectment Suit No. 25 of 2018 pending before the learned Civil Judge (Senior Division), 6th Court at Alipore, South 24-Parganas. On careful perusal of the entire facts and circumstances and considering the fact that the amendment application and the application under section 7(3) of the West Bengal Premises Tenancy Act is pending since 2023, the learned trial Court is directed to make all endeavour to dispose of the applications as expeditiously as possible without granting any unnecessary adjournment to either of the parties.

7. With the aforesaid directions, the civil revisional application being C.O. 2894 of 2024 is disposed of.

8. It is made clear that since the revisional application is heard and disposed of in the absence of the opposite parties and after dispensing with the service of notice upon the opposite parties, this Court refrains from making any observation regarding the merit of the matter.

9. No costs.

10. Let a copy of this order be sent down by the Department to the learned Trial Court for necessary information and taking necessary compliance.

11.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(CHAITALI CHATTERJEE (DAS), J.)