C.O. 2709 OF 2022 16.09.2026 Sl No. 31 Sri Kabi Bhushan Dalal Ct no. 2 - Vs – P.M. Saraswati Hazra & Ors. Mr. Rahul Karmakar, Mr. Soumojit Saha ... for the petitioner Ms. Soma Roy Choudhuri, Ms. Payel Khanra ... for the opposite party No. 1, 4 and 7 1. Affidavit of service filed by the petitioner is taken on record. 2. Learned counsel for the petitioner submits that opposite party No. 2 to 5 are not available on the given address and the petitioner do not have any other address. 3. The petitioner has challenged the order dated 16th August, 2022 whereby the application under Order 39 Rule 7 C.P.C. for inspection of the premises was dismissed by the learned Trial Court. 4. During the course of submissions it has transpired that the petitioner/plaintiff had filed a suit for eviction on the ground of reasonable requirements. 5. In the said suit the petitioner filed an application under Order 39 Rule 7 C.P.c. for appointment of advocate commissioner for making local inspection so as to ascertain the accommodation under the occupation of the plaintiff and the defendant in the said premises besides other points mentioned in the application. 6. During the course of submissions learned counsel for the opposite party No. 1, 4 and 7, who are stated to be main contesting respondent, submits fairly that the present application may be allowed for the local inspection however, learned counsel submits that an appropriate order may be passed for disposal of all miscellaneous applications pending before the learned Trial Court in ejectment suit No. 108 of 2018. 7. Learned counsel for the opposite party has also fairly submitted that subsequently the opposite party/defendant had moved an application under Order 39 rule 7 C.P.C. for appointment of an advocate local commissioner to ascertain the condition of 2 the premises, which was allowed by the learned Trial Court. 8. Thus, taking into account the submissions of both the parties, let the learned Trial Court appoint the advocate commissioner in terms of application under Order 39 Rule 7 filed by the plaintiff/petitioner on 31st January, 2022. The fee of the advocate commissioner shall be borne by the petitioner/plaintiff. 9. Learned Trial Court is impressed upon to expedite the hearing of all the pending applications and the ejectment suit in accordance with law. 10. The impugned order is set aside. 11. With this observations this petition stands disposed of. 12. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all usual requisite formalities. (Dinesh Kumar Sharma, J.) 3