Calcutta High CourtCO/3220/2025disposed

Miss Chitra Lahiri v. Chandranath Bhar

2025-09-09Hon'Ble Justice Hiranmay Bhattacharyya2 pages

Court No. 6 CO 3220 of 2025 (265719) 09.09.2025 Miss Chitra Lahiri Vs.

Chandranath Bhar (AD 35) (S. Banerjee) Mr. Ramkrishna Bhattacharyya Mr. K. Choudhury ...for the petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against order nos. 83 and 89 dated March 1, 2025 and July 19, 2025 respectively, both passed by the learned Civil Judge (Jr. Division) Serampore in Title Suit No. 373 of 2020. By the order dated March 1, 2025, the learned trial judge fixed a date for hearing of the application under Section 7(2) and 7(1) of the West Bengal Premises Tenancy Act, 1997 and the application under Section 5 of the Limitation Act.

By the order dated July 19, 2025, September 30, 2025 has been fixed for hearing of the petitions under Section 7(1) and 7(2) of the 1997 Act and the application under Section 5 of the Limitation Act. Learned advocate appearing for the petitioner draws the attention of the court to the order dated

August 3, 2021 and submits that the application under Section 5 of the Limitation Act praying for condonation of delay in filing the application under Section 7(1) and 7(2) of the 1997 as well as the application under Section 7(1) of the Act was allowed and only the application under Section 7(2) of the 1997 Act is to be taken up for hearing and not the other applications.

It prima facie appears to this court that the application under Section 7(1) of the 1997 Act and the petitions under Section 5 of the Limitation Act praying for condonation of delay in filing the Section 7(1) and 7(2) application, were allowed by the order dated August 3, 2021.

In view thereof, CO 3220 of 2025 stands disposed of by giving liberty to the petitioner to draw the attention of the learned trial judge to the order dated August 3, 2021 on the next date fixed.

The learned trial judge is directed to take note of the order dated August 3, 2021 and to proceed thereafter in accordance with law.

(Hiranmay Bhattacharyya, J.)