Shri Prabir Kumar Roy and another v. Dr Debajit Kumar Roy and others

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02.05.

2018 In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. No.905 of 2018 Shri Prabir Kumar Roy and another Versus Dr. Debajit Kumar Roy and others Mr. Sourav Sen, Ms. Sumitra Das Roy.

for the petitioners.

The present application under Article 227 of the Constitution of India has been preferred by the defendants in a suit for eviction filed by the present proforma opposite party nos.2 and 3. The proforma opposite party nos.2 and 3 have, on the other hand, instituted an eviction suit against the present petitioners. The said two suits, bearing Title Suit no.118 of 2012 (petitioners suit for declaration and permanent injunction) and Title Suit no.213 of 2013 (eviction suit of proforma opposite party nos.2 and 3) were directed to be heard analogously and are being so 2posted for hearing at the peremptory hearing stage.

The petitioners pray for an expeditious hearing of the said suits.

In view of the nature of the order proposed to be passed, no prior service of notice on the opposite party no.1 and/or the proforma opposite party nos.2 and 3 is deemed necessary.

C.O 905 of 2018 is disposed of by requesting the Civil Judge (Senior Division), 5th Court at Alipore, District South 24 Parganas to dispose of Title Suit no.118 of 2012 and Title Suit no.213 of 2013, being heard analogously by the said court, as expeditiously as possible without granting any unnecessary adjournment to either side. Such disposal, in any event, should be within August 31, 2018. The petitioners will inform the opposite party no.1 and proforma opposite party nos.2 and 3 of this order and communicate this order to the court below at the earliest to ensure due compliance with the same.

There will be no order as to costs.

(Sabyasachi Bhattacharyya, J. )