Dilip Dasgupta & ORS v. Bijaya Biswas Halder

02.07.2024 Ct. No.22 pg.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE CO 491 of 2020 Dilip Dasgupta & Ors.

Vs.

Smt. Bijaya Biswas (Halder) Mr. Rajdeep Bhattacharya ... For the petitioners 1.

Learned counsel appearing on behalf of the petitioners has submitted that this revisional application has been filed challenging the order dated 30th September, 2019 in Misc. Appeal No.125 of 2018 wherein the learned Additional District Judge, Fast Track 4th Court, Alipore, dismissed the Misc. Appeal affirming the order passed by the learned Civil Judge (Junior Division), 5th Court, Alipore, South 24-Parganas on 10th May, 2018 in connection with Title Suit No.790 of 2018. Learned counsel appearing on behalf of the petitioners has further submitted that the learned Trial Judge refused the ad interim injunction which was challenged before the learned District Judge in Misc. Appeal No.125 of 2018 and that was also disposed of by affirming the order passed by the learned Trial Court. 2.

At this stage, learned counsel appearing on behalf of the petitioner has submitted that as per instruction, the issues have already been framed in the suit and the suit is being proceeded with. At this juncture, learned counsel

appearing on behalf of the petitioners has not pressed the issue raised in this revisional application and prays for a direction upon the learned Trial Court to dispose of the suit expeditiously.

3.

In the aforesaid view of the matter, the revisional application stands dismissed, without going into the merit of the case.

4.

The learned Trial Court is requested to dispose of the Title Suit No.790 of 2018 as expeditiously as possible, without giving any unnecessary adjournment to any of the parties to the title suit unless any unavoidable situation demands.

5.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

6.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)