Anima Biswas v. Ratan Kumar Chatterjee And ORS

03.07.2024 (M/L-30) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 1226 of 2024 Anima Biswas -Vs- Milan Beethi Club, represented by its president and secretary - Sri Ratan Kumar Chatterjee & Ors. Mr. M.P Gupta, Mr. Ayan Mitra, Mr. A. Panja, Mr. Sartak Singh, ... For the Petitioner.

The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties, as such, service of notice of the present application upon the said opposite parties is dispensed with.

The petitioner is the plaintiff in a suit for recovery of possession, being Title Suit no.147 of 2019, pending before the 2nd Court of learned Civil Judge (Junior Division) at Barrackpore, District: 24 Parganas (North).

The petitioner, being aggrieved by the order of the learned Trial Judge refusing to pass an ad interim order of injunction on an application filed by him under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, has preferred an appeal being Miscellaneous Appeal no. 10 of 2020 pending before the Court of Additional District Judge, Fast Tack III Court at Barrackpore, District: 24 Parganas (North).

The petitioner is complaining delay in disposal of the said appeal and is praying a direction for expeditious disposal of it.

It appears from the record that hearing of the said appeal has commenced and it has been marked as Heard-in-Part.

The said appeal, by its nature, demands expeditious disposal; besides, it has reached to a matured stage.

The Appeal Court below, therefore, is requested to dispose of the said appeal as expeditiously as possible, preferably within a period of four weeks from the date of communication of this order and in doing so, shall not grant any unnecessary adjournment to either of the parties.

C.O. 1226 of 2024 is disposed of with the above terms without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)