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Calcutta High CourtCO/1534/2022disposed

Mandakini Upadhyay And ORS v. Jhuma Chatterjee And ORS

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

AG M/R 01.07.

C.O. 1534 of 2022 KB Ct Mandakini Upadhyay & Ors Vs Jhuma Chatterjee & Ors Mr. Sukanta Chakraborty, ... For the petitioners.

A direction to secure expeditious disposal of an interlocutory application praying for injunction under Order 39 Rules 1 and 2 C.P.C. read with substitution application is the ultimate relief sought for in this case.

The only contention expressed by the learned advocate for the petitioners is against the delay caused in the disposal of injunction application together with substitution application.

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), 1st Court, Asansol in Title Suit No. 68 of

2021 is requested to ensure expeditious disposal of pending injunction application under Order 39 Rules 1 and 2 of the Code of Civil Procedure with substitution application, providing sufficient opportunity of hearing to either of the parties to this case, subject to his suitability and convenience, but without granting unnecessary adjournments, unless it is extremely unavoidable.

Petitioners are 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)