Estate Sree Sree Radha Mohan Jew v. Rita Dasgupta And ORS

04.08.2025 Item No.54.

Court No.06.

S. De 265719 C.O. 4194 of 2024 Estate Sree Sree Radha Mohan Jew.

Vs Smt. Rita Dasgupta & Ors.

Mr. Arnab Sarkar, ...for the petitioner.

This application under Article 227 of the Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Junior Division), 2nd Court at Sealdah to dispose of the Ejectment Suit No. 15 of 2011 expeditiously. The learned advocate appearing for the petitioner submits that the hearing of the application under Section 7(2) of the W.B.P.T. Act, 1997 along with the application under Section 5 of the Limitation Act is still pending. It appears from the record that the Ejectment Suit is pending from the year 2011. In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite party. However, the learned advocate-on-record of the petitioner shall be obliged to forward a copy of this application along with this order, upon the opposite party or upon the learned advocate representing the opposite party before the learned Trial Judge.

From the order-sheets appended to this application, this Court finds that the date was fixed for passing orders on the application under Section 5 of the Limitation Act.

In the light of the submission made by the petitioner, C.O. 4194 of 2024 stands disposed of by requesting the learned Civil Judge (Junior Division), 2nd Court at Sealdah to make an endeavour to dispose of the application under Section 5 of the Limitation Act as well as the applications under Section 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 as expeditiously as possible preferably within a period of six months from the next date fixed without granting any unnecessary adjournment to either of the parties keeping in mind that the Ejectment Suit is pending from the year 2011.

(Hiranmay Bhattacharyya, J.)