Puranjit Bhowmick v. Monotosh Bhowmick And ORS

Ct RUP 13.03.

C.O. 26 of 2023 Purnajit Bhowmick Vs Monotosh Bhowmick & Ors.

Mr. Ganesh Shrivastava, Mr. Sukanta Das.

... For the petitioner.

Affidavit-of-service filed by the petitioner is taken on record.

The orders dated 2nd May, 2022 as well as 29.06.2022 are challenged in this revisional application. Heard the learned advocate appearing on behalf of the petitioner.

In the Title Suit No. 187 of 2022 prayer for injunction was refused by the learned Civil Judge (Junior Division) 1st Court, Sealdah. Being aggrieved the Misc Appeal No. 32 of 2022 was preferred by the plaintiff and Misc appeal is yet to be heard. Considering all the documents including the deeds of the respective parties to the suit, I find that there is a dispute regarding use of staircase and common areas.

The Misc Appeal has been preferred against the order of refusal of interim injunction application filed by the plaintiff in Title Suit No. 187 of 2022.

Considering all the facts and circumstances before this Court, I find no other alternative but to

request the learned Additional District Judge, 1st Court, Sealdah to dispose of the Misc Appeal No. 32 of 2022 by the next date i.e. on 4th April, 2023 after giving of opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment. With this observation and direction, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Bibhas Ranjan De, J.)