Biswanath Brahma v. Shibnath Chakraborty And Others

AD. 76.

June 25, 2021.

MNS.

C. O. No. 1207 of 2021 (Via video conference) Sri Biswanath Brahma Vs.

Sri Shibnath Chakraborty and another Mr. Tathagata Majumdar ... for the petitioner.

In view of the innocuous nature of the order proposed to be passed, no prior service of notice on the opposite parties is deemed necessary.

The petitioner has made out a strong case as regards unnecessary delay in disposal of the petitioner's application under Section 151 of the Code of Civil Procedure, praying for police help to implement an order of injunction passed by the trial court, for an inordinate period, as is corroborated from the annexures to the revisional application.

Accordingly, C. O. No. 1207 of 2021 is disposed of by requesting the Civil Judge (Senior Division), Third Court at Barasat, District- North 24 Parganas, to dispose of the application filed by the plaintiff-petitioner under Section 151 of the

Code of Civil Procedure for implementation of its injunction order in Title Suit No. 647 of 2020 by police help, as expeditiously as possible, positively within one month from the date of communication of this order to the court below. The petitioner shall communicate a server copy of this order on the court below as well as on the opposite parties and/or the learned advocate appearing for the opposite parties in the court below within a week from date.

The parties as well as the court below shall act on the communication of the learned advocate for the petitioner and/or server copy of this order without insisting upon prior production of a certified copy.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)