Arup Bhattacharjee v. Sumona Chakraborty

5.1.2023 C.O. 82 of 2020 Arup Bhattacharjee Vs.

Smt. Sumona Chakraborty Mr. Dibakar Bhattacharjee Mr. Sanjay Pandit ... For the Petitioner. Learned Advocate for the petitioner is present. As none appears on behalf of the opposite party inspite of service of notice, the matter is taken up for hearing.

This application is directed against an order dated 18.12.2019 passed by the learned District Judge, South 24 Parganas in Matrimonial Suit No. 3358 of 2019 by which the learned Judge restrained the respondent from committing any nuisance and annoyance in the flat of the petitioner's family situated at B-2, Krishnamita Apartment, P-6, Regent Estate, Kolkata-700 092 but did not restrain her from entering the said premises. The petitioner being aggrieved by the said order has come up with the present revisional application. S.D.

It appears from the record as well as the order passed by the learned Judge on 3.12. 2022 that the application for injunction is pending before the said learned court and yet to be decided.

Considering the facts and circumstances that the application for injunction is not finally decided and is pending for a period of three years and that the opposite party has entered appearance in the said suit in the interest of justice it would be fit and proper to dispose of this revisional application with a request upon the learned trial Judge to consider and dispose of the application for injunction expeditiously.

Thus this revisional application stands disposed. As 11.01.2023 is the next date fixed before the learned trial court, learned trial judge is requested to consider and decide the application for injunction upon giving both parties reasonable opportunity of being heard within a period of six weeks without granting any unnecessary adjournment.

Urgent certified photocopy of this order, if applied for, be supplied to the parties on priority basis. (Biswaroop Chowdhury, J.)