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Calcutta High CourtCO/1604/2025disposed

Prasanta Sk And ANR v. Shiraj Sk And ANR

2025-05-13Hon'Ble Justice Hiranmay Bhattacharyya2 pages

13.05.25 49 Ct. No. 06 Sws.M CO 1604 of 2025 Prasanta Sk. & Anr.

vs.

Shiraj Sk & Anr.

Mr. Rameshwar Sinha Mr. Sk. Abu Jafar Ms. Dipannita Laha ....for the Petitioners By the order impugned the ad interim order of injunction stood vacated for non-compliance of the statutory provision under Order 39 Rule 3(a) and (b) of the Code of Civil Procedure and also for filing false affidavit before the learned Trial Judge.

For such reason this Court is not inclined to interfere with the order impugned. However, this Court is of the considered view that the interest of justice would be sub-served if the learned Trial Judge is requested to dispose of the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure expeditiously.

In view thereof, CO 1604 of 2025 stands disposed of by requesting the learned Civil Judge (Junior Division) 1st Court, Arambagh to make endeavors to see that the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure is disposed of as expeditiously as possible without granting any unnecessary adjournments to either of the parties.

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

(Hiranmay Bhattacharyya, J.)