Disposed

Reba Narayan v. Latika Nandan

Calcutta HC1 Dec 2022CO/917/2021

Case brief

AI extract

What is this about?

Single judge dispensed with service of a revisional application in a tenancy dispute as no prejudice would result. Directed the trial court to conclude the pending eviction suit within six months without unnecessary adjournments. The civil appeal/revision was disposed of.

What did the court decide?

Direction to the trial court to conclude the eviction suit within six months without unnecessary adjournments; revisional application disposed of.

Reba Narayan Vs Latika Nandan — Landlord and Tenant | Calcutta HC (2022)

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01.12.2022 List – D/L. Sl No.34. Mithun Ct.No.652.

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CO 917 of 2021

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Mrs.Reba Narayan Vs.

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Mrs. Latika Nandan Mr. Aniket Mitra, Adv. Ms. Nandini Chatterjee, Adv.

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…for the petitioner.

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Since the petitioner has made very innocuous prayer for expeditious disposal of Ejectment Suit No.68 of 2014 presently pending before the learned Civil Judge (Senior Division), 2^nd Court at Alipore, service of revisional application upon the opposite party is dispensed with in view of the fact that the proposed prayer as made by the petitioner if disposed of instantly will not cause prejudice to either of the parties.

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In the application the petitioner has submitted that petitioner as plaintiff filed an Eviction Suit being Ejectment Suit being No.7620 of 2013 (Ejectment suit renumbered 68 of 2014) before the learned 7^th Civil Judge (Senior Division) at Alipore against the defendant for eviction and recovery of khas possession, for decree of mense profit and other reliefs and the said suit was filed on 02.04.2013. On 20^th November, 2013the defendant filed a written statement and thereafter several dates are fixed for hearing of application under Section 7(2) of the West Bengal Premises Tenancy Act.

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As the inordinate delay was causing in disposal of the said suit, the petitioner earlier filed an application prayed for expeditious disposal of the suit which was registered as C.O.2501 of 2019 and after hearing, this Court was pleased to dispose of the said application directing the Trial Court to dispose of the application under Section 7(2) of the West Bengal Premises Tenancy Act as expeditiously as possible preferably within 31^st August, 2019 and thereafter made all endeavour to dispose of the suit itself at the earliest. Subsequently the said application has been disposed of and the evidence of the plaintiff is completed.

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It is submitted that presently the suit is pending for evidence on behalf of the defendant.

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Since the matter is pending for a long time and since there was an earlier direction of this Court in C.O. No.2501 of 2019, the present revisional application is disposed of with a further direction upon the learned Trial court to conclude the entire proceeding of the aforesaid Ejectment Suit No.68 of 2014 within a period of six months without granting any unnecessary adjournment to either of the parties.

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C.O.917 of 2021 is, thus, disposed of accordingly.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

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(Ajoy Kumar Mukherjee, J)

Reba Narayan v. Latika Nandan

Case brief

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Reba Narayan v. Latika Nandan

Case brief

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