Jayanta Dutta v. Dipali Majumder & ORS

05.03.2021 Court No. 19 Item No.19 CP C.O. 434 of 2020 Jayanta Dutta vs.

Dipali Majumder & ors.

Mr. Mukteswar Maity Ms. Soma Mal .....for the petitioner.

This revisional application has been filed by the plaintiff in Title Suit No. 211 of 2016, pending before the learned Civil Judge (Junior Division), 1st Court at Barasat.

It is the contention of the plaintiff that two applications are pending for hearing before the learned court below since long, one being an application under Order 39 rule 2A for violation of the interim order passed by the learned court being Misc. Case No. 60 of 2016 and another being an application for mandatory injunction for appropriate reliefs.

Under such circumstances, this revisional application is disposed of with a direction upon the learned court below to hear out the said applications pending expeditiously and dispose of the same within a period of two months from the next date fixed,

upon allowing one last chance to the opposite parties/defendants to contest the proceedings. This court has not gone into the merits of the said applications and the learned court below shall deal with the same in accordance with law, independently and without being influenced by any observations made hereinabove.

The petitioner is directed to serve a copy of the revisional application along with the server copy of this order upon the learned advocate(s) appearing on behalf of the opposite parties in the court below within a week from date.

The revisional application is disposed of. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible subject to compliance of all usual formalities.

(Shampa Sarkar, J.)