The High Court directed the trial court to complete evidence recording and dispose of Ejectment Suit No. 6880 of 2014 within three months due to its long pendency and the senior citizen status of the plaintiffs.
Direction to trial court to complete evidence within two months and dispose suit within one month thereafter.
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17 6.09.2022 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION
C.O. 2572 of 2022
Smt. Shobha Rani Jain & Anr.
Vs.
Sri Om Prakash Sarogi
Mr. Debjit Mukherjee Mr. D.K. Jain Mr. V.K. Purohit … For the Petitioners.
This application is filed by the petitioners for an order to set aside the order dated 30th July, 2022 passed in Ejectment Suit No. 6880 of 2014 and for a direction upon the learned trial court to dispose of the same expeditiously. As the learned Advocate for the petitioners submits that he is not pressing for setting aside the orders passed by the learned trial court but only for a direction for expeditious disposal of the suit service of notice upon the respondent is not necessary.
Learned Advocate for the petitioners submits that the suit is pending from 2014 and both the plaintiffs are senior citizens. He further submits that on all occasions when the case is fixed for cross-examination, defendants are praying for adjournment.
S.D.
Learned Advocate draws attention to the order dated 30th July, 2022. Upon hearing the learned Advocate for the petitioners and considering the nature of suit the period of pendency and the date already fixed for crossexamination, this Court is of the view that the said suit
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should be disposed of expeditiously.
Thus the learned trial Judge is requested to complete the recording of evidence of Ejectment Suit No. 6880 of 2014 within two months from the next date fixed and is also requested to dispose the suit finally within one month thereafter.
Thus this revisional application stands disposed
of.
Learned Advocate is requested to communicate this order passed by this Court.
(Biswaroop Chowdhury, J.)
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1 issue framed by the court
Whether to order expeditious disposal of a suit pending since 2014 involving senior citizen plaintiffs.
Smt. Shobha Rani Jain & Anr.
Sri Om Prakash Sarogi
Biswaroop Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
