The High Court dispensed with service of notice on the respondent for a petition under Article 226 seeking expeditious disposal of a pending ejectment suit and directed the subordinate court to decide within six months.
Service of notice dispensed with; Ejectment Suit No. 3 of 2014 directed to be disposed within six months without granting adjournments.
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25.02.2022 Ct. 21 D/L 19 ab
C.O. 997 of 2021
(Via Video Conference)
Santi Ranjan Ghosh -Vs- Mohan Singh
Mr. Malay Bhattacharyya, Mr. Sudip Sengupta,
... for the petitioner
Mr. Malay Bhattacharyya, learned advocate appears for the petitioner.
Record shows that the notice of this application has not been served on the opposite party.
The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the suit being Ejectment Suit No. 3 of 2014, pending before the learned Civil Judge (Junior Division), 1st Court at Alipore.
The learned advocate for the petitioner submits that the learned Court below has been granting unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioner.
2
Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the ejectment suit, I do not find any need to serve notice of the present application on the opposite party and it is not likely to cause any prejudice to the interest of the opposite party. Therefore, service of notice upon the opposite party is dispensed with.
The learned Civil Judge (Junior Division), 1st Court at Alipore, is requested to dispose of Ejectment Suit No. 3 of 2014, as expeditiously as possible and in any event, within a period of six months from the date of communication of this order, without granting any adjournment whatsoever to any of the parties, as the suit is pending since 2014.
Accordingly, the revisional application being C.O. 997 of 2021 is disposed of.
There shall be no order as to costs.
Parties are to act on the server copy of this order duly downloaded from the official website of this Court.
Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.
( Kesang Doma Bhutia, J .)
1 issue framed by the court
Whether service of notice on the opposite party is required for an application seeking expeditious disposal under Article 227 of the Constitution of India.
Santi Ranjan Ghosh
Mohan Singh
Kesang Doma Bhutia
As recorded by the court registry
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