Calcutta High Court (Appellete Side)
Susanta Kumar Paul vs Bibek Paul & Ors on 12 September, 2019
Author: Biswajit Basu
Bench: Biswajit Basu
1 (182) 12.09.2019
(p.j.) IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION CO No. 1373 of 2019 Susanta Kumar Paul
-versus-
Bibek Paul & ors.
Ms. Shebatee Datta, ... for the petitioner.
The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties, as such, service of notice of the present application upon the said opposite parties is dispensed with.
The grievance of the petitioner in a suit for eviction of licensee is that the suit which was filed in the year 2017 although has reached the stage of peremptory hearing but due to the dilatory tactics adopted by the defendants, the same has not yet been disposed of.
It appears from the certified copy of the orders passed in the suit annexed to the present application that the learned Trial Judge had fixed April 01, 2019 as the date for peremptory hearing of the said suit.
Ms. Datta, learned counsel appearing for the petitioner, informs this Court that on the said date the hearing of the suit could not be commenced as the prayer of the defendants for adjournment was allowed. The suit being a suit for eviction of a licensee must reach to its logical 2 conclusion within a reasonable time. The suit is pending since 2017. Therefore, the learned Trial Judge is requested to make all endeavour to dispose of the same expeditiously.
The learned Trial Judge keeping in view the nature of the suit is requested to dispose of the same within a period of four months from the date of communication of this order positively without granting any unnecessary adjournment to either of the parties.
It is made clear that the time limit fixed by this order for disposal of the suit is peremptory and mandatory.
CO 1373 of 2019 is thus disposed of. No order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the party subject to compliance of all requisite formalities.
(Biswajit Basu, J.)