Disposed¶10

Basudeb Ghosh v. Monorama Agarwal

Calcutta HC19 May 2025CO/1622/2025

Case brief

AI extract

What is this about?

Article 227 revision; expedition of trial; expeditious disposal; Title Suit No. 1177 of 2023; Civil Judge (Senior Division), 2nd Court, Barasat; West Bengal Premises Tenancy Act 1997 Sections 7(1) and 7(2); Section 5 Limitation Act application; no unnecessary adjournments; notice on opposite parties dispensed with; no order as to costs; C.O. 1622 of 2025; Hiranmay Bhattacharyya, J.

What did the court decide?

Revisional application disposed of with a request to the learned Civil Judge (Senior Division), 2nd Court at Barasat to hear the applications under Sections 7(1) and 7(2) of the 1997 Act and Section 5 of the Limitation Act on 17th July, 2025 and dispose of them expeditiously without unnecessary adjournments; no order as to costs; urgent certified photocopy to be supplied on usual formalities. ¶10

Basudeb Ghosh Vs Monorama Agarwal — Writ and Judicial Review | Calcutta HC (2025)

What the court decided

AI extract

Outcome

¶10

Issue for consideration

Whether the trial court should be requested/directed to take up and expeditiously dispose of the applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 and Section 5 of the Limitation Act pending in Title Suit No. 1177 of 2023, without granting unnecessary adjournments.

¶6

Court's answer

C.O. 1622 of 2025 stands disposed of by requesting the learned Civil Judge (Senior Division), 2nd Court at Barasat to take up the hearing of the applications under Sections 7(1) and 7(2) of the 1997 Act and Section 5 of the Limitation Act on the next fixed date (17th July, 2025), if otherwise ready for hearing, and to endeavour to dispose of them as expeditiously as possible without granting any unnecessary adjournments to either party.

¶10

Ratio / Principle

In view of the order proposed to be passed, there was no necessity to issue notice upon the opposite parties; the petitioner's advocate was instead obliged to forward a copy of the application along with the order to the opposite parties or their advocates before the trial judge.

¶7

Detailed headnote1 paragraphs

Single-Judge order disposing of an Article 227 application filed by the plaintiff in Title Suit No. 1177 of 2023, pending before the Civil Judge (Senior Division), 2nd Court at Barasat, praying for expeditious disposal. Since hearing of the applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 and Section 5 of the Limitation Act stood fixed for 17th July, 2025, the Court disposed of the revisional application by requesting the trial court to take up those hearings on the next fixed date, if otherwise ready, and to make an endeavour to dispose of the applications as expeditiously as possible without granting any unnecessary adjournments to either party. Notice on the opposite parties was dispensed with, subject to the petitioner's advocate forwarding copies of the application and order; no order as to costs.

Basudeb Ghosh v. Monorama Agarwal

Case brief

What is this about?

What did the court decide?

Basudeb Ghosh v. Monorama Agarwal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Rina Chakraborty Vs Ramendra Narayan Hazara and Anr.

Greentech It City Pvt. Ltd. Vs Prakash Ch Gupta

Samir Dey and Anr. Vs Idfc First Bank Ltd. and Ors.

Utpal Kumar Saha Vs Amar Singh

Biswanath Jana Vs Sabitri Devi and Anr.

Shri Shri Shiv Thakur and Shri Shri Mahavir Jew Deities Rep by Sajit Krishnan Kutty and Ors. Vs Haridwar Tiwari Tripathi and Ors.