Asha Bansal And ORS v. Preeti Bhawnani Alias Sharmistha Bhawani

20.03.2024 Ct. No. 19 Sl. No.07 Cp CO/3715/2023 ASHA BANSAL AND ORS VS PREETI BHAWNANI ALIAS SHARMISTHA BHAWNANI Mr. Subhankar Chakraborty Mr. Saptarshi Bhattacharjee .....for the petitioners.

The petitioners pray for expeditious disposal of the Ejectment Suit No. 58 of 2022, which is pending before the learned Judge, 12th Bench, City Civil Court at Calcutta along with three pending applications. It is submitted that one of such applications is for addition of party. The other application is under Section 7(2) of the West Bengal Premises Tenancy Act. The third one is under Order 26 Rule 9 of the CPC is also pending. 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. 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 to dispose of the applications within four months from the next date fixed, as per the seriality they deserve. Adequate opportunity

shall be granted to the parties to contest the same. Thereafter, the suit shall be disposed of within a year from the disposal of the applications.

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.)