Satya Bala Ghosh v. Sanjoy Ghosh And ANR

Court No. 6 CO 1311 of 2025 (265719) 17.04.2025 Satya Bala Ghosh Vs.

Sanjoy Ghosh & Anr.

(AD 18) (S. Banerjee) Mr. Arnab Roy Mr. Satyam Mukherjee Ms. Sayani Ahmed ...for the petitioner Mr. Partha Sarathi Das Mr. Arijit Roy Mr. Gobinda Dey ...for the opposite party Affidavit of service filed in Court today, is taken on record.

The opposite parties are represented.

This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against Order no. 5 dated March 28, 2025, passed by the learned Additional District & Sessions Judge, Fast Track 4th Court at Barasat, North 24 Parganas in Misc. Appeal No. 36 of 2025. By the order impugned, the learned Judge of the first appellate court passed an order of stay of operation of ad interim order of injunction passed by the learned trial Judge on February 25, 2025.

After some arguments, Mr. Roy, learned advocate appearing for the petitioner submits that a direction be passed upon the learned Judge of the first appellate court to dispose of the miscellaneous appeal at the earliest. He submits that the petitioner herein has already filed written objection to the stay application and the miscellaneous appeal is otherwise ready for hearing.

It has been uniformly submitted by the learned advocate for the respective parties that May 6, 2025 has been fixed for hearing of the miscellaneous appeal along with the stay application.

Considering such fact, interest of justice would be subserved if the learned Judge of the first appellate court is directed to dispose of the miscellaneous appeal expeditiously.

In the light of the submissions made by the learned advocates for the respective parties, CO 1311 of 2025 is disposed of by requesting the learned Additional District & Sessions Judge, Fast Track 4th Court at Barasat, North 24 Parganas to take up the hearing of the miscellaneous appeal on the next date fixed, i.e., May 6, 2025 and to dispose of the same as expeditiously as possible, preferably by the end of May, 2025 without granting any unnecessary adjournments to either of the parties.

It is, however, made clear that this Court has not gone into the merits of the claims and counterclaims of the respective parties and the learned Judge of the first appellate court shall be free to decide all the points after giving a reasonable opportunity of hearing to the respective parties.

(Hiranmay Bhattacharyya, J.)