Rocky Sahu Fakir (Minor) Repn. Legal Guardian And Father Abdul Rafik Fakir v. Rakib Ali Saha And ORS
M/L Item No. 815 09.02.2026 KOLE 265711 CO/71/2026 ROCKY SAHU FAKIR (MINOR) REPN. LEGAL GUARDIAN AND FATHER ABDUL RAFIK FAKIR VS RAKIB ALI SAHA AND ORS.
Mr. Sounak Bhattacharya, Mr. Sounak Mondal, Ms. Bipasha Bhattacharyya, ... for the petitioner.
1.
The petitioner prays for expeditious disposal of the two applications, one under Order 39 Rules 1 and 2 of the Code of Civil Procedure and the other under Order 39 Rule 2A of the Code of Civil Procedure. Both the applications arise out of Title Suit No. 592 of 2022 pending before the learned Civil Judge (Senior Division) 2nd Court at Baruipur, District South 24 parganas.
2.
The prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite parties.
3.
The revisional application is disposed of with a direction upon the learned Trial Court to dispose of the injunction application within a period of three months from the next date fixed and dispose
of the application under Order 39 Rule 2A within four months from the next date fixed. Adequate opportunity shall be given to the parties to contest the same.
4.
This court has not expressed any opinion on the merits of the applications. The learned court shall proceed independently and in accordance with law.
5.
A copy of the revisional application along with a server copy of this order be served upon the opposite parties and/or the learned advocate contesting the matter on behalf of the opposite parties in the learned court below, within a week. 6.
The revisional application is accordingly disposed of. There shall be no order as to costs.
7.
Parties are to act on the server copy of this order. (Shampa Sarkar, J.)