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Calcutta High CourtCO/345/2021disposed

Shew Vallab Bangur v. Kedar Nath Sen And ORS

2021-02-18Hon'Ble Justice Shampa Sarkar4 pages

Sn 18.2.21 C.O. 345 of 2021 SHEW VALLAB BANGUR VS. KEDAR NATH SEN & ORS.

Mr. Haradhan Banerjee Mr. Partha Pratim Mukhopadhyay ..for the petitioner This revisional application has been filed with an innocuous prayer for a direction upon the learned 7th Judge, City Civil Court, Calcutta to dispose of the interlocutory applications pending in connection with Title Suit No. 1606 of 2017.

Mr. Banerjee, learned Advocate appearing for the petitioner submits that an application under Order 39 Rule 1&2 of the Code of Civil Procedure has been filed by the plaintiff and the application for mandatory injunction has been filed by the defendant no.1. It is submitted that the said applications are pending for a long time although respective written objections to the same have been filed.

Under such circumstances, without going into the merits of the contentions of the defendant no.1 in respect of the pending applications on merits, this revisional application is disposed of with a direction upon the learned court below to expedite the hearing of the applications and dispose of the same within a period of

two months from the next date fixed.

The learned Court below shall proceed independently and in accordance with law without being influenced by any observations made hereinabove. The petitioner is directed to serve a copy of the revisional application along with a server copy of this order upon the opposite parties as also the learned Advocate for the opposite parties in the learned Court below within a week from date.

This revisional application is disposed of.

There will be however no order as to costs.

Urgent photostat certified copy of this order be given to the parties on priority basis, if the same is applied for.

(Shampa Sarkar,J.)