Calcutta High CourtCO/878/2021disposed

Manik Lal Dey v. Prabir Kumar Lahiri And ANR

2021-04-12Hon'Ble Justice Shampa Sarkar2 pages

S/L 17 12.04.2021 Court. No. 19 GB C.O. 878 of 2021 Sri Manik Lal Dey Vs.

Dr. Prabir Kumar Lahiri & Anr.

(Through Video Conference) Mr. Partha Pratim Roy, Mr. Hare Krishna Haldar.

... for the Petitioner.

This revisional application has been filed by the petitioner/defendant praying for expeditious disposal of the application under Order 39, Rules 1 and 2 of the Code of Civil Procedure pending before the learned Civil Judge (Junior Division), 2nd Court at Burdwan in connection with Title Suit No.422 of 2019.

It is submitted by the learned advocate for the petitioner that several dates have been fixed for hearing of the application for injunction but the same has not yet been disposed of and the ad interim order of injunction has been extended from time to time, on account of which the defendant has been suffering.

Having taken into consideration the contention of the defendant that the application for injunction has been pending since 2019, this revisional application is disposed of without entering into the merits but with a direction upon the learned court below to dispose of the pending

interlocutory applications expeditiously upon giving an opportunity of hearing to the contesting parties. The learned court below shall dispose of the interlocutory applications within a period of three months from the next date fixed. Upon disposal of the interlocutory applications the learned court below is requested to make sincere effort to dispose of the title suit expeditiously. The learned court below shall proceed in accordance with law and independently.

Petitioners is directed to serve a copy of this revisional application along with a server copy of this order upon the opposite parties and/or their learned advocate appearing in the learned court below within a week from date. The revisional application is disposed of.

There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)