Shri.Ravindernath Shah Alias Ravindernath Saha v. Shri.Rajendran

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/40/2024 Shri Ravindernath Shah Alia Ravindernath Saha Vs.

Shri Rajendran Mr. Arul Prasanth Ms. Dolly Saha .... for the petitioner October 7, 2024 [SR] Item Nos.5 This revisional application is directed against an order dated 2 July, 2024 whereby a suit and the connected application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 have been repeatedly adjourned without any reason.

It is submitted on behalf of the petitioner that a suit had been filed for a declaration of an easementary right over a piece of land particulars whereof appears from the plaint. Upon filing of the suit, the plaintiff had obtained a status quo order dated 21st August 2020. Thereafter, the applicant had filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 seeking for rejection of the plaint. It is contended on behalf of the applicant that the plaintiff having obtained an order of status quo is unnecessarily procrastinating the hearing of the suit as well as the application filed under Order VII Rule 11 of the CPC and the Trial Court is mechanically adjourning the matter at the behest of the plaintiff.

None appears on behalf of the respondent. Nor is any adjournment prayed for on their behalf.

I have considered the averments made in the application and also perused the records annexed to the application. It appears that the application under Order VII Rule 11 of the Code was filed as far back as in January 2023 and despite repeated opportunities, the same has not been disposed of. Adjournments have been mechanically passed in a routine manner.

In view of the above, CO/40/2024 is disposed of by directing the learned Civil Judge Junior Division, Port Blair to expeditiously dispose of Suit No. 16 of 2020 as well as the application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 as expeditiously as possible without granting unnecessary adjournments to either of the parties. It is clarified that the application under Order VII Rule11 of the Code of Civil Procedure Code, 1908 will be disposed of within two months from date of communication of this order and the suit being Other Suit No.16 of 2020 within a year from the date of communication of this order.

With the above directions, CO/40/2024 stands disposed of.

( Ravi Krishan Kapur, J. )