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Calcutta High CourtCO/1498/2022disposed

Ratan Mondal v. Angshu Mondal And Others

2022-07-01Hon'Ble Justice Subhasis Dasgupta2 pages

AG M/R 01.07.

C.O. 1498 of 2022 KB Ct Ratan Mondal Vs Angshuman Mondal & Ors.

Mrs. Shohini Chakraborty, Ms. Prajaaini Das, ... For the petitioner.

A direction to secure expeditious disposal of interlocutory application filed by the petitioner/defendant no. 2, under Order 39 Rule 4, read with Section 151 of the Code of Civil Procedure, praying for vacating injunction application, granted ex parte against the petitioner/defendant, is the ultimate relief sought for in this case.

No other point is raised requiring address by this Court.

In view of the nature of the order proposed to be made in this case, no prior notice is considered to be necessary upon the opposite parties.

Service of notice of this application upon opposite parties stands dispensed with.

Accordingly, the learned Civil Judge (Senior Division), Second Court at Baruipur in Title Suit No. 316 of 2021 is requested to ensure expeditious disposal of pending vacating application under Order

39 Rule 4, read with Section 151 of the Code of Civil Procedure, filed by the petitioner/defendant no.2 either on the scheduled date, or if for any reasons whatsoever, the same could not be done, the same may be taken up peremptorily within four (04) weeks thereafter, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournments, unless it is extremely unavoidable.

Petitioner is directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties and the opposite parties.

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

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)