Rafik Molla And ORS v. Hakim Molla And ORS

Court No. 6 CO 197 of 2025 (265719) 20.06.2025 Rafik Molla & Ors.

Vs.

Hakim Molla & Ors.

(A 482) (S. Banerjee) Ms. Salma Sultana Shah ...for the petitioners This application under 227 of the Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Sr. Division), 7th Court, Alipore, to dispose of Title Suit No. 1096 of 2022 expeditiously.

Learned advocate appearing for the petitioners submits that the injunction application and the application under Order 39 Rule 4 of the Civil Procedure Code, as well as an application under Order 7 Rule 11 of the Civil Procedure Code, are pending.

In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite party. However, the learned advocate-on-record of the petitioners shall be obliged to forward a copy of this application along with this order, upon the opposite parties or upon the learned

advocate representing the opposite parties before the learned trial judge.

From the order-sheets appended to this application this court finds that the application under Order 7 Rule 11 of the Civil Procedure Code and the application under Order 39 Rule 4 of the Civil Procedure Code, are still pending.

In the light of the submissions made by the learned advocate appearing for the petitioners, CO 197 of 2025 stands disposed of by requesting the learned Civil Judge (Sr. Division), 7th Court, Alipore, to take up the hearing of the applications under Order 7 Rule 11 of the Civil Procedure Code, Order 39 Rule 1 and 2 of the Civil Procedure Code and the application under Order 39 Rule 4 of the cps, if the same are otherwise ready for hearing, and to dispose of the same as expeditiously as possible without granting any unnecessary adjournment to either of the parties.

(Hiranmay Bhattacharyya, J.)