Arup Ratan Gooptu vs Krishna Singh & Ors
2023 Latest Caselaw 6164 Cal

13.09.2023

Item no.233 CP C.O. No. 2959 of 2023

Arup Ratan Gooptu Vs.

Krishna Singh & ors.

Mr. S. Ghosh Mr. A. Gooptu ......for the petitioner.

The petitioner prays for expeditious conclusion

of Ejectment Suit No.110 of 2004, which is pending

before the learned Judge, 2nd Bench, Presidency

Small Causes Court at Calcutta.

It is submitted that the final arguments had

been concluded before the learned predecessor Judge

before the pandemic. Subsequently, there was a

transfer. The present presiding officer has also

started hearing the arguments. It is prayed that

necessary orders may be passed for expeditious

conclusion of the same and delivery of judgment.

The prayer of the petitioner is innocuous.

Neither party stands to lose if a proceeding is

disposed of expeditiously. In fact, such expeditious

disposal shall enure to the benefit of the parties and

hence, there is no requirement for service of prior

notice upon the opposite parties.

The revisional application is disposed of with a

direction upon the learned court below to dispose of

the suit, within two months from the next date fixed,

upon granting adequate opportunity to the parties to

contest the same.

This court has not expressed any opinion on

the merits of the suit. The learned court shall

proceed independently and in accordance with law.

A copy of the revisional application along with

a server copy of this order be served upon the

opposite parties and/or the learned advocate

contesting the matter on behalf of the opposite

parties in the learned court below, within a week.

The revisional application is accordingly

disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this

order.

(Shampa Sarkar, J.)