Biswanath Roy Charitable Trust v. Balram Tewari

08.04.

C.O. 732 of 2022 AGM /RKB Ct Biswanath Roy Charitable Trust Vs Balram Tewari Mr. Rupayan Deb, Ms. Priya Nandy, ... For the petitioner.

A direction to secure expeditious disposal of an application for temporary injunction, is the ultimate relief sought for in this case.

Admittedly, in a suit for declaration and recovery of khas possession, petitioner/plaintiff has already been favoured with the ad interim order of injunction.

It is submitted by the learned advocate for the petitioner that the defendant/opposite party has also submitted written statement, which has been accepted belatedly, even after the suit being posted for ex parte hearing.

It is contended that hearing of application for temporary injunction is getting delayed due to the dilatory tactics being adopted by the defendant/opposite party.

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

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

Accordingly, learned Civil Judge (Junior Division), Additional Court, Sealdah, is requested to ensure expeditious disposal of application for temporary injunction, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable. Petitioner is directed to make communication of this order to the learned Court below, as well as his learned advocate appearing in the Court below and opposite party.

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)