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Calcutta High CourtCO/3632/2023disposed

Ajanta De v. Saibal Narayan Deb And ORS.

2024-01-18Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

18.1.2024 Ct. no. 652 sb CO 3632 of 2023 (Assigned Matter) Ajanta De Vs.

Saibal Narayan Deb & Ors.

Mr. Megnath Dutta Mr. Arindam Paul Mr. Subarno Banerjee ...for the Petitioner This is an application wherein the petitioner has prayed for expeditious disposal of the Ejectment Suit no. 1418 of 2002 which is pending before the learned Judge, 6th Bench, Presidency Small Causes Court, Calcutta.

It is submitted on behalf of the petitioner that the suit was originally filed in 1986 and it is still pending before the Trial court. Accordingly, the petitioner has prayed for passing necessary direction invoking jurisdiction under Article 227 of the Constitution of India for expeditious disposal of the suit.

Since the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made in the petition, neither party will have a cause to prejudice, the service of copy of the application upon the opposite parties is hereby dispensed with.

Having considered the facts and circumstances of the case and that the suit is pending since 1986, it appears that the prayer made by the petitioner is quite justified.

C.O. 3632 of 2023 is disposed of with a direction upon the learned Judge, 6th Bench, Presidency Small Causes Court, Calcutta or Judgein-charge of that court to dispose of the aforesaid suit being Ejectment Suit no.

of as expeditiously as possible without giving any unnecessary adjournment to either of the parties and if possible, by making day to day hearing in compliance with order XVII of the Code and to make best effort to conclude the entire proceeding preferably within a period of six months from the date of communication of the order.

C.O. 3632 of 2023 is accordingly disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Ajoy Kumar Mukherjee, J.)