Calcutta High CourtCO/353/2021disposed

Gurupada Bar v. Sanatan Ghorai

2021-02-23Hon'Ble Justice Subhasis Dasgupta2 pages

23.02.2021 Sl. No. 17 srm C.O. No. 353 of 2021 Gurupada Bar Vs.

Sanatan Ghorai Mr. Radhasyam Maiti ...for the Petitioner.

This revisional application has been filed by the defendant in Title Suit No.33 of 2014 pending before the learned Civil Judge (Junior Division), Kakdwip, District 24Pargans (South). The petitioner prays for expeditious disposal of the application for temporary injunction which has been pending since 2014.

It is the contention of the petitioner that the ad interim order of injunction has been extended from time to time but the said application has not yet been finally disposed of. It is submitted that written objection on behalf of the petitioner has already been filed to the application for temporary injunction. The written statement in the suit has also been filed. It is submitted that no other interlocutory applications are pending.

The prayer of the petitioner is innocuous.

This Court disposes of the revisional application with a direction upon the learned Court below to expedite the hearing of the interlocutory application, which is pending, and dispose of the same by affording an opportunity of hearing to the opposite party within a period of two months from the next date fixed. Upon disposal of the interlocutory application, the learned Court below shall make serious endeavour to dispose of the Title Suit expeditiously.

This Court has not gone into the merits of the claims and counterclaims of the parties and the learned Court below shall proceed independently and in accordance with law. The learned Advocate-on-record for the petitioner is directed to serve a copy of this revisional application upon the opposite party as also the learned Advocate appearing in the learned Court below along with a server copy of this order 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.)