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2025 DAILYLAW 20722 (CAL)

KASHISWAR ROY CHOWDHURY v. OM PRAKASH AGARWAL

CO/1388/2025 · 2025-04-24

Hiranmay Bhattacharyya

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L- 21 24/04/2025 Ct. No.-6 Aritra C.O. 1388 of 2025 Kashiswar Roy Chowdhury Vs. Om Prakash Agarwal Mr. Tarak Nath Halder .…for the petitioner Petitioner alleges that no dates for hearing of the application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 has been fixed and the same is pending since the month of December, 2012. In view of the order sought and proposed to be passed there is no necessity to direct issuance of any notice upon the opposite parties. However, the learned advocate for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite parties or their learned advocates appearing before the learned Trial Judge. From the order sheets appended to this application, this Court finds that there is substance in the submissions of the learned advocate for the petitioner that no date for hearing of this application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 was fixed after November, 2013. It will be open to the petitioner to approach the learned trial judge by filing an appropriate application in that regard. If such an application is filed, the learned 2 trial judge shall consider the prayer of the petitioner and in the event the application is still pending, steps shall have been taken to dispose of the application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 as expeditiously as possible without granting any unnecessary adjournments to either of the parties. Taking note of the fact that the suit is for eviction, inter alia, on the ground of reasonable requirement and the same was filed sometime in the year 2012, the learned Civil Judge (Jr. Div.), 2nd Court at Sealdah is requested to make an endeavor to see that the Ejectment Suit No.103 of 2012 is disposed of expeditiously after disposal of the all interlocutory applications. With the above observations CO 1388 of 2025 is disposed of. There will be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Hiranmay Bhattacharyya, J.)