Gaitri Hazra v. Ashok Kar And ORS

Item No.278 11.12.2023 Court. No. 19 GB C.O. 3825 of 2023 Smt. Gaitri Hazra Vs.

Ashok Kar & Ors.

Mr. Tanmoy Kr. Dey, Mr. Raunak Shaw ... for the Petitioner.

By this application, the petitioner seeks expeditious disposal of the Ejectment Suit No.542 of 2016, which is pending before the learned Judge, 3rd Bench, Presidency Small Causes Court at Calcutta.

It is submitted that no interlocutory application are pending and the matter is at the stage of evidence of D.Ws. Considering the submissions, this Court is of the view that the prayer of the petitioner 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 parties.

The revisional application is disposed of with a direction upon the learned court below, to dispose of the suit within a period of six months from the next date fixed. Adequate opportunity shall be given to the parties to contest the same.

This court has not expressed any opinion on the merits of 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 parties and/or the learned advocate contesting the matter on behalf of the opposite parties in the learned court below.

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.)