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Calcutta High CourtCO/1582/2023disposed

Md. Nasim And ORS v. Sri Krishna Chandra Boral And ORS

2023-06-15Hon'Ble Justice Shampa Sarkar2 pages

June 15, 2023 Sl. No.115 Court No.19 s.biswas CO 1582 of 2023 Md. Nasim and others vs.

Krishna Chandra Boral and others Mr. Tanmoy Mukherjee Mr. Souvik Das Mr. K. R Ahmed Mr. Rudranil Das ... for the petitioners The petitioners are the defendants in the Title Suit No. 1305 of 2021 pending before the learned Civil Judge (Junior Division), 2nd Court, Howrah. The petitioners pray for expeditious disposal of the Title Suit No.1305 of 2021 as also the disposal of the application for injunction.

Learned advocate for the petitioners submits that all the inter locutory applications which had been filed by the parties had been disposed of, save and except the application for injunction. It is further submitted that written objection to the application for injunction has also been filed. This court has not gone into the merits of the suit. An order of expeditious disposal of any litigation enures to the benefit of all the parties, hence prior service of this revisional application upon the opposite party would not be necessary. The prayer is innocuous.

Having considered the submissions and having gone through the case referred to, this court is of the view that justice would be subserved, if the learned court below is directed to dispose of the pending application as also the suit, expeditiously.

The revisional application is disposed of with direction upon the learned Civil Judge (Junior Division), 2nd Court, Howrah to dispose of the suit along the pending application, which has been fixed sometime in July, 2023, within a month from the next date fixed, without granting unnecessary adjournments to either of the parties.

Upon disposal of the injunction application, steps shall be taken to dispose of the title suit expeditiously.

Petitioner is directed to serve a copy of the revisional application upon the opposite party, along with the server copy of this order.

All the parties are directed to act on the basis of the server copy of the order.

(Shampa Sarkar, J.)