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Calcutta High CourtCO/2868/2023disposed

Priyabrata Roy And ANR. v. Sumanta Das

2023-09-08Hon'Ble Justice Shampa Sarkar2 pages

08.09.2023 Sl. No.176(DL) srm C.O. No. 2868 of 2023 Priyabrata Ray & Anr.

Versus

Sumanta Das Ms. Debarshi Brahma ...for the Petitioners.

The petitioners are the plaintiffs in Ejectment Suit No.39 of 2021, which is pending before the learned Civil Judge (Junior Division), 1st Court at Alipore, South 24-Parganas. It is submitted that the applications under Section 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 are pending. The petitioners have filed their objections. It is further submitted that an application for acceptance of the written statement is also pending since 2022. Considering the age of the suit and the submissions made by the petitioner, this Court is of the view that justice would be sub-served if the applications and the title suit are disposed of expeditiously.

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 party 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 applications within a period of two months from the next date fixed, independently and strictly in accordance with law, upon granting adequate opportunity to the respective parties to contest the proceedings. Thereafter, the court shall proceed with the suit in accordance with law 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 applications nor gone into merits of the suit. A copy of the revisional application, along with a server copy of this order, be served upon the opposite party 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.)