Bannya Ghosh And ANR. v. Dona Dutta And ORS.

22.09.

C.O. 2785 of 2022 AGM RKB Ct Mrs. Bannya Ghose & Anr Vs Mrs. Dona Dutta & Ors Mr. Debanjan Mukherjee, Mr. Aniruddha Ganguly, ... For the petitioners.

A direction to secure expeditious disposal of Ejectment Suit No. 41 of 2019 pending before the learned Civil Judge (Senior Division), 3rd Court, Alipore, is the ultimate relief sought for in this case. The only contention expressed by the petitioners is that the petitioners being cancer patient, the fruits of the litigation may reach to the petitioners, if there be any, during the lifetime of the petitioners/plaintiff.

It is thus submitted further that suit is getting delayed for the long pendency of 7(2) application under West Bengal Premises Tenancy Act.

No other point is raised requiring address by this Court.

In view of the nature of the order proposed to be made in the case, no prior notice is considered to be necessary.

Service upon the opposite parties is thus dispensed with.

Accordingly, learned Civil Judge (Senior Division), 3rd Court, Alipore in Ejectment Suit No. 41

of 2019 is requested to ensure expeditious disposal of the suit, referred hereinabove, after causing disposal of the interlocutory applications like 7 (2) of the WBPT Act or any other application, if there be any pending, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable.

While endeavouring such exercise, the pending 7 (2) application may be disposed of first, preferably before the end of March 2023.

This would not, however, prevent the Court below to ensure logical conclusion of the suit in a faster mode.

Petitioners are directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties and the opposite parties. With this observation and direction, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)