Court allowed a revision application directed the lower court to expeditiously dispose of an ejectment suit within eight months.
Direction to the Civil Judge to dispose of the ejectment suit within eight months.
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S/L 29 23.11.2022 Court No.652 SD
CO 1381 of 2020
Dr. Mohan Chand Seal Vs. The Indian Motors
Mr. Sandip Chakrabroty Mr. Partha Pratim Roy Mr. Sarbananda Sanyal Mr. Koustav Das
… for the Petitioner.
Affidavit of service filed by the petitioner in court today be kept with the record.
This revisional application has been preferred seeking direction for expeditious disposal of the proceedings being Ejectment Suit No.52 of 2017 pending before the learned Civil Judge (Junior Division), 2nd Court at Sealdah.
It is submitted on behalf of the petitioner that the petitioner filed the aforesaid ejectment suit against the opposite parties seeking a decree of Khas possession of the suit property which has been registered as Ejectment Suit No.52 of 2017. In the said suit the opposite parties appeared and filed the written statement.
The petitioner further submits that several dates have been fixed by the learned trial court but there has been no progress in the trial and as such, he prays for expeditious disposal of the said proceeding as the right to speedy and expeditious disposal as guaranteed under Article 21 of the Constitution of India has been violated in the present context.
Having considered the aforesaid facts and circumstances of the case and also the age of the suit, I find that
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the prayer made by the petitioner is very innocuous and it is allowed accordingly.
C.O. 1381 of 2020 is hereby disposed of with a direction upon the learned Civil Judge (Junior Division), 2nd Court at Sealdah to make every endeavour for expeditious disposal of the Ejectment Suit No.52 of 2017 and to conclude the entire proceeding preferably within a period of eight months from the date of communication of the order without granting any unnecessary adjournment to either of the parties.
There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.
(Ajoy Kumar Mukherjee, J.)
1 issue framed by the court
Whether a revisional application seeking direction for expeditious disposal of a pending civil suit is maintainable.
1 provisions across 1 enactments
Dr. Mohan Chand Seal
The Indian Motors
Ajoy Kumar Mukherjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
