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Calcutta High CourtCO/731/2022disposed

Sujit Das v. Sovan Das And ANR

2022-04-08Hon'Ble Justice Subhasis Dasgupta2 pages

08.04.

C.O. 731 of 2022 AGM /RKB Ct Sri Sujit Das Vs Sri Sovan Das & Anr Mr. Rupayan Deb, Ms. Priya Nandy, ... For the petitioner.

A direction to secure expeditious disposal of Misc Appeal No. 82 of 2019 pending before the learned District Judge, Alipore, is the ultimate relief sought for in this case.

Mr. Rupayan Deb, learned advocate appearing for the petitioner submits that an appeal was carried against the rejection of ad interim order of injunction by the trial Court, and in the appeal (Misc Appeal), ad interim order of injunction was granted on 12.03.2019.

It is contended by the learned advocate appearing for the petitioner that since then, the appeal is pending and nothing has so far been done so as to secure disposal of the appeal.

In view of the nature of the order proposed to be made in this case, no prior notice upon the opposite parties is considered to be necessary.

Service of notice of this application upon opposite parties stands dispensed with.

Accordingly, learned District Judge, Alipore in Misc Case No. 82 of 2019 is requested to ensure

expeditious disposal of appeal, referred hereinabove, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable.

While endeavouring such exercise, the learned Court below may proceed with the disposal of the pending Misc appeal, in the manner, as situation of the case would demand so as to dispense with justice in a best possible manner.

Petitioner is directed to make communication of this order to the learned Court below, as well as the learned advocate appearing in the Court below for the opposite parties.

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

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)