Durga Das @ Payel Dey v. Jayanta Kr. Das & ORS.

S/L 9 02.02.2021 Court. No. 19 GB C.O. 901 of 2020 Durga Das @ Payel Dey Vs.

Jayanta Kumar Das & Ors.

(Through Video Conference) Md. Younus Mondal.

... for the Petitioner.

This revisional application has been filed by the defendant in Title Suit No.11 of 2016 for expeditious disposal of the title suit, which is pending before the learned Civil Judge (Senior Division), 7th Court at Alipore. It is prayed by the learned advocate for the petitioner that the learned court below has been extending the ad interim order of injunction from time to time, but the application for temporary injunction has not been disposed of since 2016. He prays that the learned court below be directed to expedite the hearing of the injunction application and also expedite the disposal of the title suit. It is an innocuous prayer.

The learned court below is directed to dispose of the application under Order 39, Rules 1 and 2 of the Code of Civil Procedure as expeditiously as possible, preferably within a period of two months from the next date fixed upon affording an opportunity of hearing to all concerned parties. Upon disposal of the pending applications, the learned court

below is requested to dispose of the title suit as expeditiously as possible, preferably within a period of one year from date of communication of this order.

This Court has not gone into the merits of the claims and counter-claims of the parties. The learned court below is directed to proceed with the matter independently and in accordance with law and without being influenced by any observations made hereinabove.

The petitioner is directed to serve copies of this revisional application along with a server copy of this order upon the opposite parties 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.)