Calcutta High Court (Appellete Side)
8 vs The Regional Thika Controller & Ors on 22 March, 2013
Author: Harish Tandon
Bench: Harish Tandon
1 22.03.20 ar 13 CO 306 of 2013 25 Smt. Arati Halder & Ors.
8 Vs. The Regional Thika Controller & Ors.
Mr. Shyamal Chakraborty Mr. Bhusan Jain ... For the Petitioners This is an application under Article 227 of the Constitution of India at the instance of the plaintiffs/petitioners praying for an order for expeditious disposal of an application for addition of party as well as the suit. The plaintiffs/petitioners filed the Title Suit No. 177 of 2000 seeking a decree for declaration that the suit premises is not a Thika tenanted property.
In the said suit, an application for addition of party was taken out by a third party in the year 2000.
On perusal of the certified copy of the order sheets annexed to this revisional application, this Court is astonished to find that the said application has not been disposed of as yet. The application for addition of party is pending for last 12 years and has not reached to its logical conclusion.
The Trial Court, as it appears, is 2 mechanically granting time and postponing the hearing of the said application for addition of party.
The order which this Court proposes to pass shall not, in any way, affect the rights of the opposite parties and, therefore, this Court proposes to take up this revisional application without passing any direction for serving the copy thereof upon the said opposite parties.
The Trial Court is requested to make all efforts to dispose of the said application as expeditiously as possible, without granting any unnecessary adjournment to either of the parties and preferably within three weeks from the date of communication of this order.
The Trial Court shall also make endeavour to dispose of the suit as expeditiously as possible.
The Revisional Application is thus disposed of.
However, there shall be no order as to costs. Urgent photostat certified copy of this order be supplied to the parties, if applied for, on priority basis.
(Harish Tandon, J.) 3