Madhab Chakraborty And ANR v. Nirmal Chandra Paul And ORS
D/L - 20 20/03/2025 Court. No. 6 S.Kundu C.O. 988 of 2025 Sri Madhab Chakraborty & Anr.
Vs.
Sri Nirmal Chandra Paul & Ors.
Mr. Arup Krishana Das ...for the petitioners.
This application under Article 227 of the Constitution of India is at the instance of the petitioners in a suit under Section 6 of the Specific Relief Act praying for a direction upon the learned Civil Judge (Junior Division), 1st Court at Barasat to dispose of the Title Suit No. 1199 of 2024 expeditiously.
In view of the order sought and proposed to be passed there is no necessity to direct issuance of any notice upon the opposite party. However, learned advocate on record of the petitioners shall be obliged to forward a copy of this application along with this order upon the opposite parties or the learned advocate representing the opposite parties before the learned Trial Judge.
From the order-sheet appended to this application, this Court finds that 28th July, 2025 has been fixed for hearing of the application for temporary injunction and filing of the written objection in the meantime. The learned advocate appearing for the
petitioners submits that till date no written objection has been filed.
In the light of the submissions made by the learned advocate for the petitioners, C.O. 988 of 2025 is disposed of by requesting the learned Civil Judge (Junior Division), 1st Court at Barasat to take up the hearing of the temporary injunction application on the next date fixed, if the same is otherwise ready for hearing and to dispose of the same as expeditiously as possible without granting unnecessary adjournments to either of the parties.
It is made clear that if no written objection is filed on or before the next date of hearing, the learned Trial Judge shall be free to proceed with the hearing of the injunction application without written objection being filed by the opposite parties.
With the above observations and directions, C.O. 988 of 2025 stands disposed of.
(Hiranmay Bhattacharyya, J.)