Kajal Bhowal v. Tamal Chandra

07.02.2023 Item No.15 Ct. No.7 CHC (disposed of) C.O. 3408 of 2022 Sri Kajal Bhowal C & C R Vs.

Shri Tamal Chanda Mr. Susenjit Banik ...for the petitioner A direction to secure expeditious disposal of Misc. Case No.157 of 2018, arising out of Ejectment Suit No.177 of 2015, pending before learned Civil Judge (Senior Division), 5th Court, at Alipore, South 24 Parganas, is the ultimate relief sought for in this case. As per submission disclosed, the Misc. Case No.157 of 2018, is relatable to Order 9 Rule 13 C.P.C. The only contention expressed by the petitioner is against the delay caused in disposal of the Misc. Case.

No other point is raised requiring address by this Court.

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

Service upon the opposite party stands dispensed with.

Accordingly, learned Civil Judge (Senior Division) 5th Court, at Alipore, South 24 Parganas, in Misc. Case No.157 of 2018, arising out of Ejectment Suit No.177 of 2015, is requested to ensure expeditious disposal of the above referred Misc. Case, subject to the suitability and convenience of the court below, providing sufficient opportunity of hearing to either of the parties to this case not extended in the meantime, but without granting any unnecessary adjournment, unless it is extremely unavoidable, preferably within ten (10) weeks from the date of communication of this order. With this observation/direction, the revisional application stands disposed of.

Petitioner is directed to make communication of this order to the learned court below as well as to the opposite party and his learned advocate in the court below.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)