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Judgment
14 paragraphs · 402 wordsBiswajit Basu, J
Affidavit of service filed in Court today be kept with the record. Inspite of service none appears on behalf of the opposite parties.
The revisional application under Article 227 of the Constitution of India is at the instance of the plaintiff in a suit for eviction.
The petitioner is complaining inordinate delay in disposal of the suit filed by it seeking eviction of the opposite parties from the suit properties on the grounds of reasonable requirement and for violation of the clauses (m), (o) and (p) of section 108 of the Transfer of Property Act, 1882.
An advocate commissioner was appointed in the suit at the instance of the petitioner to hold local inspection of the suit property to ascertain the extent of existing accommodation available to the petitioner in the suit property and also to ascertain the alleged damage caused by the defendants in the suit property. The said commissioner has already filed his report. The further grievance of the petitioner is that the learned trial Judge is fixing dates for acceptance of the said report which is causing further delay in disposal of the said suit.
The suit was filed in the year 2013. The nature of relief sought for in the suit demands it's expeditious disposal.
In fact this court by an order dated August 24, 2018 passed in C.O. 2821 of 2018 directed expeditious disposal of the suit.
The advocate commissioner has already been examined and cross-examined on his said report.
The said report together with the evidence of the said commissioner form part of the records of the suit and shall be considered at the time of final disposal of the suit along with other evidences on record.
Therefore, there is no necessity of fixing separate dates for acceptance of the said report putting the further progress of the suit to a halt.
In view of the discussion made above the learned trial Judge is directed to proceed with the suit and to dispose it of expeditiously without fixing separate dates for acceptance of the said Commissioner's report which will be considered at the time of final hearing of the suit along with other evidences on record.
With the above, C.O. 4376 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 with all requisite formalities.