Sk. Syeed Ahmed v. Mehmood Ahmed

Item No.15 03.04.2024 Court. No. 19 GB C.O. 599 of 2024 Sk. Syeed Ahmed Vs.

Mehmood Ahmed Mr. S.T. Mina, Mr. Pratick Sardar ... for the Petitioner.

By this application, the petitioner seeks expeditious disposal of an application for injunction as also the Title Suit No.201 of 2014, which are pending before the learned Civil Judge (Junior Division), 2nd Court at Alipore. According to the petitioner, the said application for injunction has been pending since 2014.

Considering the submissions, this Court is of the view that the prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court to make a sincere endeavour to dispose of the application within a period of two months from the next date fixed. Thereafter, the suit shall be disposed of expeditiously, preferably within a year from the disposal of the application. Adequate opportunity shall be given to the parties to contest the same.

This court has neither expressed any opinion on the merits of the application nor on the merits of the suit. The learned court shall proceed independently and in accordance with law.

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

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)