Tapan Kumar Bhunia @Tapan Bhunia And ANR v. Pratyush Chowdhury And ORS

AD. 31.

July 27, 2021.

MNS.

C. O. No. 1297 of 2021 (Via video conference) Tapan Kumar Bhunia @ Tapan Bhunia and another Vs.

Sri Pratyush Chowdhury and others Mr. Amal Kumar Mukhopadhyay, Mr. M. A. Samad, Ms. Nayaab Mulla ... for the petitioners.

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 petitioners have relied on a previous order passed by this Court in a writ petition, whereby liberty was given to the petitioners to approach the civil court for expeditious disposal of the pending applications.

Learned counsel for the petitioners contends that, due to an application for extension of interim status quo, initially granted, not being moved on the relevant date, such order stood automatically vacated. Thereafter, revival of the order was sought and the injunction application itself is also pending till date.

Since it appears from the records that the injunction application of the petitioners along with the application for revival of status quo are pending for an inordinate period of time, C. O. No. 1297 of 2021 is disposed of by requesting the Civil Judge(Junior Division), First Court at Alipore, to dispose of the application for injunction as well as the revival of status quo application, pending in the said court at the behest of the plaintiffspetitioners in Title Suit No. 191 of 2015, as expeditiously as possible, upon giving opportunity of hearing to both sides, positively within one month from the date of communication of this order to the trial court.

The trial court as well as the learned advocate of the parties shall act on the written communication of the learned advocate for the petitioners, accompanied by a server copy of this order, without insisting upon prior production of certified copy thereof.

The petitioners shall communicate this order, along with server copies thereof, to the court below, as well as to the opposite parties and/or the learned advocate appearing for the opposite parties in the court below, at the earliest. 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.)