Calcutta High Court
Sree Shree Iswar Sreedhar Jew Debutter ... vs Shankar Mohan Dutta on 22 February, 2010
Author: Patherya
Bench: Patherya
ALP No. 6 of 2010
IN THE HIGH COURT AT CALCUTTA
Testamentary and Intestate Jurisdiction
ORIGINAL SIDE
SREE SHREE ISWAR SREEDHAR JEW DEBUTTER ESTATE
Versus
SHANKAR MOHAN DUTTA
For Petitioner : MR. A. MITRA, MR.B. KUMAR, ADVOCATES.
For Respondent : MR. D.N. DEY, ADVOCATE.
BEFORE:
The Hon'ble JUSTICE PATHERYA Date : 22nd February, 2010.
The Court : This is an application filed under Clause 13 of the Letter's Patient for transfer of Ejectment Suit No.76 of 2005 pending before the Small Causes Court, Calcutta.
The case of the petitioner is that in spite of proceedings being initiated in 2005 no hearing has taken place. Written statement was filed on 8.12.2005 but the suit has been adjourned from time to time, hence, the instant application has been filed and order sought.2
Counsel for the respondent submits that time be given to file an affidavit in opposition. In the year 2008-09 there was no Presiding Officer. Therefore, the matter could not be heard. The Presiding Officer, however, recently has been appointed.
Having considered the submissions of the parties and in view of the appointment of the Presiding Officer, the hearing of the suit be not adjourned on 13.4.2010, which was fixed for hearing. In the event an adjournment is sought for, the gravity of the situation be ascertained and no adjournment be granted for frivolous reasons. The suit be preferably disposed of within four months from April, 2010.
With the aforesaid direction, this application is disposed of. As no affidavit in opposition has been filed allegations, if any, contained in the petition are not deemed to have been admitted.
All parties concerned are to act on a photostat signed copy of this order on the usual undertakings.
(PATHERYA, J.) pkd.
Asstt.Registrar[C.R.]