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Calcutta High CourtCO/1096/2022disposed

Pinaki Chaudhuri And ORS. v. Mussammat Zohra Hasani Vadnagarwala And ORS.1

2022-05-17Hon'Ble Justice Subhasis Dasgupta2 pages

17.05.2022 ct. no. 7 sb C.O. 1096 of 2022 Pinaki Chaudhuri & Ors.

Vs.

Mussammat Zohra Hasani Vadnagarwala & Ors.

Mr. S.P. Mukherjee Mr. Shuvajit Bose ...for the petitioners Mr. Abhrajit Mitra, Sr. Adv.

Ms. Rajshree Kajaria Mr. Juhun Chowdhury Mr. Uttam Sharma ...for the O.P. nos. 6 & 7 A direction to secure expeditious disposal of injunction application is the ultimate relief, as sought for in this case.

The only contention expressed by the learned advocate for the petitioner/plaintiff, is against the delay caused in the disposal of injunction application.

No other point is raised requiring address by this Court.

Mr. Mitra, learned Senior advocate appearing for the opposite party nos. 6 & 7 submits that the application for rejection of the plaint under Order 7 Rule 11 of the Code of Civil Procedure has already been filed, which has been posted for hearing on 6.6.2022.

Such application also needs expeditious disposal as per the submission disclosed by the learned advocate for the opposite parties.

Accordingly, the learned Civil Judge (Senior Division), 7th Court, Alipore in Title Suit No. 828 of 2021 is requested to ensure expeditious disposal of pending interlocutory application, as reflected in the order dated 8th February, 2022 of the court below, and another pending injunction application under Order 39 Rule 1 and 2 of the Code of Civil Procedure, one after another, providing sufficient opportunities of hearing to both the parties, but without granting any unnecessary adjournment to either of the parties, unless it is extremely unavoidable.

The petitioners are directed to communicate this order to the learned Court below.

With this direction and observation, this revisional application stands disposed of.

Urgent photostat certified copy of this order if applied for, be given to the parties upon compliance of all requisite formalities.

(Subhasis Dasgupta, J.)