Asha Bansal And ORS. v. Pratik Kedia

Item No.187 08.09.2023 Court. No. 19 GB C.O. 3012 of 2023 Asha Bansal & Ors.

Vs.

Pratik Kedia Mr. Lalratan Mandal ... for the Petitioners.

By this application, the petitioners seek expeditious disposal of Ejectment Suit No.15 of 2022, which is pending before the learned Judge, 12th Bench, City Civil Court at Calcutta.

It is submitted that three applications are pending. One of such applications is for rejection of plaint, filed by the defendant. The second one is for acceptance of written statement, filed by the defendant. Another application is under Section 7(3) of the West Bengal Premises Tenancy Act, 1997, filed by the plaintiffs praying for striking out the defence of the defendant.

The prayer of the petitioners is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties and hence, there is no requirement for service of prior notice upon the opposite party. The revisional application is disposed of with a direction upon the learned court below to dispose of all the applications according to the seriality that the applications deserve within a period of four months from the next date fixed. Adequate opportunity shall be granted to the parties to contest the same.

This court has not expressed any opinion on the merits of the pending applications and the suit. The learned court shall proceed independently and in accordance with law. A copy of the revisional application, along with a server copy of this order be served upon the opposite party and/or the learned advocate contesting the matter on behalf of the opposite party in the learned court below, within a week. The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)