M/S S. S. Developer v. Gobinda Ghosh And ORS
(17) 01.04.2022 (p.jana)
IN THE HIGH COURT AT CALCUTTA
CIVIL REVISIONAL JURISDICTION C.O. No. 561 of 2022 M/s. S.S. Developer -versus- Sri Gobinda Ghosh & ors.
Mr. Partha Pratim Roy, Mr. Sarbananda Sanyal, ... for the petitioner.
The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause of any prejudice to the opposite parties, as such, service of notice of the present revisional application upon the said opposite parties is dispensed with.
The defendant no. 10 in a suit for declaration of title and injunction is the petitioner of the present application under Article 227 of the Constitution of India.
The learned Trial Judge has allowed the prayer of the plaintiffs for an ad-interim order of injunction and the said ad-interim order of injunction is still subsisting.
The defendant entered appearance in the suit and has filed written objection to the application for injunction filed by the plaintiffs. The petitioner in aid of its objection to the said application for injunction has prayed for
appointment of an advocate commissioner to hold local inspection of the suit property.
The petitioner complains delay in disposal of the said application and prays a direction upon the learned Trial Judge for expeditious disposal of the said application.
The record reveals that the learned Judge has already fixed date for hearing of the said application as such particularly in view of the nature and purpose of the said application, the learned Trial Judge is requested to dispose of the said application under Order XXXIX Rule 7 of the Code of Civil Procedure filed by the petitioner as expeditiously as possible without granting any unnecessary adjournment to either of the parties. CO 561 of 2022 is disposed of with the above terms without any order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the party subject to compliance of all requisite formalities.
(Biswajit Basu, J.)