Goutam Ghosh v. Niva Rani Ghosh

01.03.2023 Ct. No.237 pg.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURICTION APPELLATE SIDE CO 120 of 2023 Goutam Ghosh Vs.

Niva Rani Ghosh Mr. Shyamal Chakraborty Mr. Debojyoti Mondal ... For the petitioner The only prayer in this application is seeking early disposal of the Title Suit No.985 of 2021 pending before the learned 2nd Bench, City Civil Court, Calcutta. It is submitted that an application under Order XXXIX Rules 1 and 2 filed on behalf of the opposite party/plaintiff has not yet been heard by the learned Judge in spite of allowing repeated adjournments. From the certified copy of the order sheets, it comes to my view that the hearing of the injunction application was adjourned on repeated occasions. Considering all facts and circumstances, I do not find any reason to serve notice upon the opposite party who will not be prejudiced in any manner.

Thus being the position, service of notice upon the opposite party stands dispensed with.

The learned 2nd Bench, City Civil Court, Calcutta, is requested to dispose of the Title Suit No.985 of 2021 as

expeditiously as possible after disposing the injunction application on the date fixed therefor.

With the above observation, the revisional application, being CO 120 of 2023, stands disposed of. Learned advocate appearing on behalf of the petitioner is at liberty to bring this order to the notice of the learned 2nd Bench, City Civil Court, Calcutta, forthwith.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court without insisting upon production of a certified copy thereof.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)