P.N.S. Associates , Repted. B Marayan Chandra Ghosh v. Kamal Bhattacharya And ORS

21.04.

C.O. 840 of 2022 AGM /RKB Ct P. N. S. Associates Vs Mr. Kamal Bhattacharjee (Ganguly) & Ors Mr. Rajdeep Bhattacharya, ... For the petitioner. A direction to secure expeditious disposal of interlocutory applications, like application for temporary injunction under Order 39 Rule 1 and 2 of the Code of Civil Procedure, and application for amendment under Order 6 Rule 17 of the Code of Civil Procedure, is the ultimate relief sought for in this case.

Admittedly, there is no injunction order granted against the defendant/petitioner. Petitioner is the caveator to the injunction application. The pleadings, according to the petitioner, are complete so far as pending interlocutory applications are concerned. The only contention expressed by the learned advocate appearing for the petitioner is against the delay caused in the disposal of the pending interlocutory applications, for the adjournments being granted on the prayer of the opposite parties/plaintiffs.

It is disclosed in the submission of the petitioner that by reason of the pendency of this case, the petitioner, being a senior citizen, is not in a position to alienate the suit property at his own

choice.

In view of the nature of the order proposed to be made in the cases referred above, no prior notice is considered to be necessary.

Service upon the opposite parties is thus dispensed with.

Accordingly, learned Civil Judge (Junior Division), 2nd Court, Baruipur, South 24 Parganas in Title Suit No. 207 of 2015 is requested to ensure expeditious disposal of pending interlocutory applications referred hereinabove, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable.

This would not, however, prevent the Court below to cause expeditious disposal of the pending suit in a best possible manner.

Petitioner is directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties and the opposite parties as well. With this observation and direction, the revisional application stands disposed of.

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

(Subhasis Dasgupta, J)