Aabheri Cooperative Housing Society Ltd v. Zodiac Construction Co

D/L - 22 20/03/2025 Court. No. 6 S.Kundu C.O. 995 of 2025 Aabheri Cooperative Housing Society Limited Vs.

Zodiac Construction Company Mr. Sibasis Ghosh, Mr. A. Mukherjee ...for the petitioner.

This application under Article 227 of the Constitution of India is at the instance of the defendant praying for a direction upon the learned Civil Judge (Junior Division), 1st Court at Barasat to dispose of the Title Suit No. 561 of 2023 expeditiously.

Mr. Ghosh, learned advocate appearing for the petitioner submits that the petitioner has filed an application raising an objection as to the maintainability of the suit as well as the application under Order 39 Rule 4 of the Code of Civil Procedure praying for vacating the ad interim order of injunction. Mr.

Ghosh further submits that the defendant/petitioner has concluded his arguments in connection with the aforesaid application but the hearing of the aforesaid application was adjourned on the prayer of the plaintiff and the next date has been fixed on 25th March, 2025 for the argument of the plaintiff in respect of the said application.

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 petitioner shall be obliged to forward a copy of this application along with this order upon the opposite party or the learned advocate representing the opposite party before the learned Trial Judge.

In the light of the submissions made by the learned advocate for the petitioner, C.O. 995 of 2025 is disposed of by requesting the learned Civil Judge (Junior Division), 1st Court at Barasat to take up the hearing of the said application on the next date fixed i.e. on 25th March, 2025 and to conclude the same as expeditiously as possible without granting any unnecessary adjournments to either of the parties. (Hiranmay Bhattacharyya, J.)