Punam Seth & ORS v. Joyram Yadav

S/L 5 02.02.2021 Court. No. 19 GB C.O. 432 of 2020 Punam Seth & Ors.

Vs.

Joyram Yadav (Through Video Conference) Mr. Rafikul Islam Sardar, Mr. Wasim Raj Sardar.

... for the Petitioners.

This revisional application has been filed by the plaintiffs in Title Suit No. 762 of 2018 pending before the learned Civil Judge (Junior Division), 1st Court at Barasat, District 24 Parganas (North).

The plaintiffs pray for expeditious disposal of the title suit.

It appears that the application for temporary injunction is pending. On March 26, 2019, written objection to the injunction application was filed by the defendant. Defendant filed his written statement on April 22, 2019. By the order dated September 3, 2019, the learned court below fixed March 18, 2020 for hearing of the application filed for taking up the suit for ex-parte hearing for non-compliance of Order VIII, Rule 1 of the Code of Civil Procedure. Under such circumstances, the learned court below is directed to dispose of all the pending applications filed in connection with Title Suit No.762 of 2018 as expeditiously as possible, preferably within a period of three months from the

next date fixed upon affording an opportunity to the parties to contest the same.

This Court has not gone into the merits of the claims and counter-claims of the parties. The learned court below is directed to proceed with the matter independently and in accordance with law and without being influenced by any observations made hereinabove.

The petitioners are directed to serve a copy of this revisional application along with a server copy of this order upon the opposite party within a week from date. The revisional application is disposed of.

There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)