Abhishek Ghosh And ANR v. Ashok Kumar Ghosh And ANR

23.02.2022 Ct. 21 D/L 164 ab C.O. 305 of 2022 (Via Video Conference) Abhishek Ghosh & Anr.

-VsAshok Kumar Ghosh & Anr.

Mr. Mukanda Lal Sarkar, Mr. Saunak Bhattacharya, ... for the petitioners Mr. Mukananda Lal Sarkar, learned advocate appears for the petitioners.

Record shows that the notice of this application has not been served on the opposite parties.

The petitioners by filing the present application under Article 227 of the Constitution of India have prayed for expeditious disposal of the injunction application in connection with Title Suit No. 219 of 2020 as well as the suit itself, pending before the learned Civil Judge (Junior Division), 2nd Court at Barrackpore, North 24 Parganas.

The learned advocate for the petitioners submits that the learned Court below has been granting unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioners.

Having regard to the nature of relief claimed by the petitioners, being a prayer for expeditious disposal of the suit, I do not find any need to serve notice of the present application on the opposite parties and it is not likely to cause any prejudice to the interest of the

opposite parties. Therefore, service of notice upon the opposite parties is dispensed with.

The learned Civil Judge (Junior Division), 2nd Court at Barrackpore, North 24 Parganas, is requested to dispose of the injunction application in connection with Title Suit No. 219 of 2020 positively on 08.03.2022.

The learned Court below is further requested, after disposal of the injunction application, to make an endeavour to dispose of the suit being Title Suit No. 219 of 2020, as expeditiously as possible and in any event, within a period of one year threafter, without granting any adjournment whatsoever to any of the parties. Accordingly, the revisional application being C.O. 305 of 2022 is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)