Madhumita Das Alias Madhumita Lodh And ANR v. Mona Dey And ANR

22.04.

C.O. 871 of 2022 AGM /RKB Ct Madhumita Das @ Madhumita Lodh & Anr Vs Mona Dey & Anr Mr. Gazi Faruque Hossain, Mrs. Chandra Paul, Ms. Priyanka Mondal, ... For the petitioners. A direction to secure expeditious disposal of an application under Section 151 of the Code of Civil Procedure, praying for police help in connection with Title Suit No. 262 of 2019 pending before learned Civil Judge (Junior Division), 2nd Court, Baruipur, is the ultimate relief sought for in this case.

Mr. Gazi Faruque Hossain, learned advocate appearing for the petitioners submits that petitioners were favoured with an ad interim order of injunction on 26th June, 2019, and since there was a chance of causing violation of the ad interim order of injunction by the opposite parties, an application under Section 151 of the Code of Civil Procedure was filed thereafter seeking police help for the implementation of ad interim order of injunction. But till date, such application has not yet been disposed of.

The only contention expressed by the learned advocate appearing for the petitioners is against the delay caused in the disposal of application, referred

hereinabove, causing thereby serious prejudice to the petitioners.

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

Service upon the opposite parties is thus dispensed with.

Accordingly, Civil Judge (Junior Division), 2nd Court, Baruipur in Title Suit No. 262 of 2019 is requested to ensure expeditious disposal of pending interlocutory application under Section 151 of the Code of Civil Procedure for police help either on the next date scheduled for the purpose, or if for any reasons whatsoever, the same could not be taken up, the application may be disposed of within four weeks thereafter peremptorily, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable.

Petitioners are 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. 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)