Gouri Mitra And ANR v. Nilima Goswami

29.02.2024 Sl. No.39(DL) srm C.O. No. 4270 of 2023 Gouri Mitra & Anr.

Versus

Nilima Goswami Mr. Debarshi Brahma ...for the Petitioners.

The petitioners are the plaintiffs, who pray for expeditious disposal of Ejectment Suit No.59 of 2021, which is pending before the learned Civil Judge (Senior Division), 8th Court at Alipore, South 24-Parganas.

It is submitted that the suit is at the stage of arguments. Considering the submission, this Court is of the view that the prayer of the petitioners, for early disposal of the proceeding, 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.

Under such circumstances, the revisional application is disposed of, with a direction upon the learned court below to dispose of the Ejectment suit, within a period of three months

from the next date fixed, independently and strictly in accordance with law, upon allowing the parties to contest the proceeding. Unnecessary adjournments shall not be granted to any of the parties.

This Court has not gone into the merits of the Ejectment suit.

A copy of the revisional application along with a server copy of this order be served upon the opposite party within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)