Akbar Ali Mondal v. Zahida Begum

24.03.

C.O. 617 of 2022 AGM /RKB Ct Akbar Ali Mondal Vs Zahida Begum Mr. Sujit Banerjee, ... For the petitioner.

Liberty is given to make necessary corrections of the cause title of the revisional application along with the prayer portions.

A direction to secure expeditious disposal of all interlocutory applications, is the ultimate prayer of this revisional application Learned advocate appearing for the petitioner submits that petitioner/defendant has been suffering injunction order, since 2019. In the meantime, the petitioner has filed a separate application under Order 7 Rule 11 of the Code of Civil Procedure, besides challenging temporary injunction application. Learned advocate for the petitioner expresses his grievance for the delay caused in the disposal of pending interlocutory applications.

In view of the nature of the order proposed to be made in this case, service of notice upon the opposite party is considered to be not necessary.

Accordingly, service of notice of this application upon opposite party stands dispensed with.

Upon perusal of photocopies of orders passed

by the learned Court below, annexed with the instant revisional application, it appears that two interlocutory applications under Order 7 Rule 11 of the Code of Civil Procedure and under Order 39 Rule 7 of the Code of Civil Procedure are pending, besides application for temporary injunction application. Accordingly, learned Civil Judge (Junior Division), 4th Court, Howrah in Title Suit No. 1096 of 2019 is directed to ensure expeditious disposal of pending interlocutory applications including temporary injunction application, preferably within a period of six months from the date of communication of this order, but without granting unnecessary adjournments, unless it is extremely unavoidable. While endeavouring such exercise, an opportunity of hearing must be ensured to both the parties.

Petitioner is directed to make communication of this order not only to the learned Court below, but also to the opposite party, and his learned advocate appearing in the Court below.

With this observation and direction, the revisional application stands disposed of.

(Subhasis Dasgupta, J)