Kanika Patra v. Alpana Dolui

27.04.2022 Item No.12 Ct. No.7 CHC (disposed of) C.O.280 of 2022 (Physical Hearing) Smt. Kanika Patra Vs.

Smt. Alpana Dolui Mr. Achyut Basu, Ms. Sonam Basu, Ms. Punam Basu ...for the petitioner A direction to secure expeditious disposal of Title Suit No.558 of 2020, pending before the learned Civil Judge (Senior Division), 3rd Court, Barasat, is the ultimate relief sought for in this case.

Admittedly, in connection with the suit for declaration, partition and injunction, the petitioner/defendant no.1 has been suffering ad interim order of injunction.

The only contention expressed by the learned advocate for the petitioner is the delay caused in the disposal of the suit.

It is also contended that the ad interim order of injunction is being extended on one after another date on the prayer of the opposite party/plaintiff without disposing of an application for temporary injunction. In view of the nature of order proposed to be made in this case, no prior notice is considered to be

necessary. Service upon the opposite party is thus dispensed with.

Accordingly, learned Civil Judge (Senior Division), 3rd Court, at Barasat, is requested to ensure expeditious disposal of pending suit being Title Suit No.558 of 2020, after causing disposal of temporary injunction application or any other interlocutory application, if there be pending, providing sufficient opportunity of hearing to either of the parties to this case, but without granting any unnecessary adjournment, unless it is extremely unavoidable. Petitioner is directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite party and opposite party.

With this observation/direction, the revisional application stands disposed of.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)