Abid Hossain v. Dolly Majumder And ORS

10.07.2024 Item No.49,ML Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 1659 of 2024 Abid Hossain -Vs- Dolly Majumder & Ors.

Mr. Sounak Bhattacharya, Mr. Sounak Mondal, ...for the petitioner.

The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties, as such, service of notice of the present application upon the said opposite parties is dispensed with.

The defendant in a suit for declaration of title and permanent injunction are the petitioners of the instant application under Article 227 of the Constitution of India being Title Suit No. 303 of 2015 pending before the 2nd Court of the learned Civil Judge (Junior Division) at Barrackpore, District : 24-Parganas (North).

The petitioner is complaining delay in disposal of the interlocutory applications filed in the said suit. It appears from record that three interlocutory applications, including an application for injunction is pending.

An application for injunction by its nature demands expeditious disposal but in the present case, such application is pending since 2015. Another application filed by the defendants for amendment of their written objection to the

application for injunction is also pending. The said application needs to be disposed of to make the application for injunction ready for hearing.

The learned Trial Judge is requested to dispose of the application for amendment of the written objection to the application for injunction and thereafter shall proceed to dispose of the application for injunction as expeditiously as possible in accordance with law.

The learned Trial Judge is also requested to dispose of the other pending application as expeditiously as possible. In complying with the directions made hereinabove, the learned Trial Judge shall not grant any unnecessary adjournment to either of the parties.

C.O. 1659 of 2024 is disposed of with the above terms without any order as to costs.

Urgent Photostat certified copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)