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Calcutta High CourtCO/437/2022disposed

Siddhartha Das v. Sanjib Kumar Adhikari And ORS

2022-04-26Hon'Ble Justice Subhasis Dasgupta2 pages

26.04.2022 Item No.7 Ct. No.7 CHC (disposed of) C.O.437 of 2022 (Physical Hearing) Sri Siddhartha Das Vs.

Sri Sanjib Kumar Adhikari & ors.

Mr. Anuruddha Tewari ...for the petitioner A direction to secure expeditious disposal of Miscellaneous Appeal No.32 of 2022 of learned Additional District and Sessions Judge, Fast Track Court, Serampore, Hooghly, is the ultimate relief sought for in this case.

Mr. Tewari, learned advocate appearing for the petitioner/plaintiff submits that against the rejection of the prayer for ad interim injunction, an appeal was then carried out, vide Misc.Appeal No.32 of 2020, and on the selfsame date of filing the appeal, petitioner/appellant has already been favoured with some interim order of injunction, which has been extended from time to time. Appeal, according to learned advocate for the petitioner is getting delayed due to the non appearance of the opposite parties/respondents. A direction is thus sought to ensure expeditious disposal of the pending appeal.

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 parties is thus dispensed with.

Accordingly, learned Additional District and Sessions Judge, Fast Track Court, Serampore, Hooghly, in Misc.Appeal No.32 of 2020, is requested to ensure expeditious disposal of pending appeal, 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 parties and opposite parties.

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.)