Tripti Goswami Ghosh v. Sandhya Ghosh And ANR

Sn 20.1.21 C.O. 116 of 2021 TRIPTI GOSWAMI(GHOSH) VS.

SMT.

SANDHYA GHOSH & ANR Ms. Some Kar Ghosh ..for the petitioner This revisional application has been filed by the plaintiff in Title Suit No. 647 of 2017, pending before the learned Civil Judge, Junior Division, 1st Court, Alipore, District South 24 Parganas.

The petitioner prays for expeditious disposal of the application for temporary injunction filed in connection with the said suit.

It is submitted that the defendants have not filed their written objection to the said application and the written statement was also filed at a belated stage. Records reveal that the ad-interim order has been extended from time to time. Thereafter, although the application for injunction has been fixed for hearing, the hearing of the said application could not be taken up by the learned Court below. On the last few occasions, either the defendants asked for time or the matter was adjourned due to the resolutions of the local bar.

Under such circumstances, this revisional application is disposed of with a direction upon the learned Civil Judge, Junior Division, 1st Court, Alipore, District South 24 Parganas, to dispose of the application for temporary injunction in connection with the Title Suit No. 646 of 2017 as expeditiously as possible mandatorily within a period of two months from the next date fixed upon allowing all parties to contest the same. If the written objection to the said application has not been filed, the opposite parties will be at liberty to file written objection in the meantime.

This Court has not made any observations with regard to the merits of the case and the learned Court below shall deal with the suit independently without being influenced by any observations made hereinabove. The petitioner is directed to serve copies of the revisional application along with a server copy of this order upon the opposite parties within a week from date. This revisional application is disposed of.

There will be however no order as to costs.

Urgent photostat certified copy of this order be given to the parties on priority basis, if the same is applied for.

(Shampa Sarkar,J.)