Shri C.Subbaiah And ANR. v. Shri P.Kannan And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/3/2023 Shri C. Subbaiah and another Vs.

Shri P. Kannan and another Ms. Anjili Nag ... for the petitioners January 25, 2023 [SR] Item No.1 A direction to secure expeditious disposal of a suit, being O.S.No.14 of 2017, pending before the learned Civil Judge Junior Division-II, Port Blair, is the ultimate relief sought for in this case.

The only contention raised by the petitioners/owners is that the disposal of the suit is getting delayed, due to filing of interlocutory applications one after another, at the instance of the opposite parties/plaintiffs.

Ms.

Nag, learned advocate representing the petitioners/owners, submits that there has been no interlocutory application filed at the instance of the petitioners/owners in the pending suit and it is the plaintiffs/opposite parties, who have filed multiple interlocutory applications, causing delay of the disposal of the suit.

Admittedly, this is a suit for declaration of tenancy right and protection, which has been denied by the petitioners/owners, upon filing written statement.

No other point is raised requiring address by this Court. In view of nature of order proposed to be made, no prior notice is considered to be necessary. Service of the opposite party stands dispensed with.

Accordingly, learned Civil Judge Junior Division-II, Port Blair, in O.S.No.14 of 2017,is requested to ensure expeditious disposal of the suit, after causing disposal of the interlocutory applications, one after another, subject to suitability and convenience of the Court below, providing sufficient opportunity of hearing to either of the parties to this case, without granting unnecessary adjournments, unless it is extremely unavoidable.

The logical conclusion of the suit may be reached, after the disposal of the interlocutory applications, in the manner, as reflected herein above, in accordance with the law, preferably before the end of 2023.

The revisional application stands disposed of. The petitioners are directed to make communication of this order to the opposite parties and the learned advocate appearing in the Court below as well as to the Court below. All parties shall act on the server copy of this order duly downloaded from the official website of this Court, pending application of certified copy upon compliance of formalities.

( Subhasis Dasgupta, J. )