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Calcutta High CourtCO/449/2021disposed

Prabir Kumar Das v. Gautam Kar

2021-03-08Hon'Ble Justice Shampa Sarkar2 pages

08.03.2021 Court No. 19 Item No.10 CP C.O. 449 of 2021 Sri Prabir Kumar Das vs.

Sri Gautam Kar Mr. Md. Apzal Ansari .....for the petitioner.

This revisional application has been filed for expeditious disposal of the Title Suit No. 1242 of 2018, pending before the learned Civil Judge (Senior Division), 7th Court at Alipore, South 24-Parganas. The petitioner has prayed for expeditious disposal of Title Suit along with the pending applications. It appears that the suit is at the stage of framing of issues. It further appears that an application for injunction is pending since long and several orders have been passed extending the adinterim order. It is submitted that the written objection to the application for injunction has been filed.

Under such circumstances, this revisional application is disposed of with a direction upon the learned court below to dispose of the application for temporary injunction within a month from the next date fixed upon hearing the parties and upon perusal of the documents that may have been filed on behalf

of the respective parties. Upon disposal of the application for temporary injunction, the learned court below shall dispose of the Title Suit within a year thereafter without granting any unnecessary adjournments to either of the parties.

This court has not gone into the merits of the case and the learned court below shall decide the matter in accordance with law and independently. The petitioner is directed to serve a copy of the revisional application along with the server copy of this order upon the plaintiff/opposite party and the learned advocate(s) appearing on behalf of the opposite party in the court below within a week from date.

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

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible subject to compliance of all usual formalities.

(Shampa Sarkar, J.)