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Judgment
15 paragraphs · 439 wordsBiswajit Basu, J
Affidavit of service filed in Court today be kept with the record.
The defendant in a suit for eviction is the petitioner of the instant application under Article 227 of the Constitution of India and is directed against the order dated November 2, 2019 passed by the learned Civil Judge (Senior Division), 1st Court at Alipor, District : South 24 Parganas in Misc. Case No. 43 of 2019.
The petitioner was inducted as tenant of the suit property under the plaintiff/opposite party at a rent @ Rs. 3,000/- per month. The rate of such rent was subsequently enhanced to Rs. 4,500/- per month.
The fair rent of the suit property at the instance of the plaintiff has been fixed by the Rent Controller at Rs. 13,200/-. The said order fixing the fair rent of the suit property is under challenge before the West Bengal Land Reforms and Tenancy Tribunal at the instance of the petitioner.
The opposite party in the meantime has filed the connected suit for recovery of possession of it after serving a notice under Section 106 of the Transfer of Property Act, 1882 upon the petitioner.
The petitioner in the said suit filed an application under Section 151 of the Code of Civil Procedure praying stay of further proceedings of the connected ejectment suit pending disposal of the appeal before the Tribunal.
The learned Trial Judge by the order dated February 15, 2019 dismissed the said application, the application seeking review of the said order registered as connected Misc. Case No. 43 of 2019 is pending.
The petitioner by the present application is praying for a direction of expeditious disposal of the said misc. case.
Ms. Chakraborty, learned counsel appearing for the plaintiff/opposite party, submits that her client is also interested in expeditious disposal of the said misc. case and informs this Court that February 01, 2020 is the next date fixed for hearing of the said misc. case.
The further proceeding of the suit is dependent upon the outcome of the said misc. case.
Therefore, expeditious disposal of the said misc. case is absolutely necessary.
The learned Trial Judge is requested to dispose of the said misc. case on the said date fixed and if for any reason beyond the control of the learned Trial Judge it cannot be disposed of on the said date fixed, it must be disposed of within two weeks thereafter.
With the above, CO 4271 of 2019 is disposed of. No order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities.