Sibsankar Jana & ORS v. Gopal Shit

12.03.2021 Sl. No. 11 srm C.O. No. 699 of 2020 Sri Sibsankar Jana & Ors.

Vs.

Sri Gopal Shit Mr. Abhijit Pal, Mr. Syamantak Banerjee ...for the Petitioners.

This revisional application has been filed for expeditious disposal of Misc. Appeal No. 7 of 2013 pending before the learned Civil Judge (Senior Division), 2nd Court at Contai, Purba Medinipur. The misc. appeal was filed by the plaintiff being aggrieved by an order of refusal of a prayer for ad interim injunction in Title Suit No.58 of 2013 passed by the learned Civil Judge (Junior Division), 2nd Court at Contai. It is submitted that in the misc. appeal an ad interim order of status quo was passed but the misc. appeal has not yet been disposed and the petitioners have been suffering due to the ad interim order of status quo since 2013. It is also submitted that the petitioners/defendants have also filed their written objection in the misc. appeal.

Without going into the merits and without going into the contentions of the petitioners on the issues raised in the misc. appeal, this revisional application is disposed of with a

direction upon the learned Court below to dispose of Misc. Appeal No.7 of 2013 at the earliest, preferably within a period of two months from the next date fixed upon giving the parties one last chance to contest the proceedings.

This Court has not gone into the merits of the case and the learned Court below shall proceed with the hearing of the Misc. Appeal on its own merits and in accordance with law. The learned Advocate-on-record for the petitioners is directed to serve copies of this revisional application upon the opposite parties 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.)