Subrata Senapati v. Rajesh Agarwal

AD-15 Ct No.16 21.02.2025 TN CO 3733 of 2024 Subrata Senapati Vs.

Rajesh Agarwal Mr. Srinjoy Das, Mr. Victor Chatterjee, Mr. Barnamoy Basak .... for the petitioner

1. In view of the innocuous nature of the order proposed to be passed, no prior service of notice is directed on the opposite party.

2. The plaintiff/petitioner filed a suit for eviction against the opposite party in the year 2013 which is still pending. An application filed under Section 7(3) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as "the Act") filed by the plaintiff/petitioner in the said suit has also been kept pending since December 19, 2023.

3. I am satisfied that the pending application is of a brief conspectus and ought to have been disposed of by now.

4. Accordingly, CO 3733 of 2024 is disposed of with a request to the learned Civil Judge (Junior Division), Seventh Court, Howrah, District: Howrah to dispose of the application of the petitioner under Section 7(3) of the 1997 Act, pending in connection with Title Suit No. 11 of 2013, as expeditiously as possible, positively

within one month from the date of communication of this order to the said court.

5. It is expected that the learned Trial Judge shall, thereafter, dispose of the suit as well, subject to the outcome of the application under Section 7(3), preferably within six months thereafter.

6. There will be no order as to costs.

7. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)