Apurba Nayak @ Apurba Ratan Nayak And ORS v. District Collector Of Govt. Of West Bengal And ORS

Item No. 52 21.06.2023 Court. No. 19 GB C.O. 1767 of 2023 Sri Apurba Nayak @ Apurba Ratan Nayak & Ors.

Vs.

District Collector of Govt. of West Bengal & Ors. Ms. Sanghamitra Nandy ... for the Petitioners.

This Court is of the view that the order dated May 16, 2023 passed by the learned Civil Judge (Senior Division), (in Charge), 2nd Court at Contai in Title Appeal No.20 of 2023 does not call for interference. The ad interim prayer for injunction was refused by the learned lower appellate court. The petitioners have approached this Court by filing the revisional application. The main injunction application is still pending. It would be in consonance with justice to direct the learned lower appellate court to decide the injunction application finally.

The injunction application which is pending, must be disposed of expeditiously, upon giving an opportunity to the opposite parties/respondents who contested the civil suit, to contest the said application for injunction. Unnecessary adjournments shall not be given.

Let such application be disposed of within a period of four months from the next date fixed.

Upon disposal of the application for injunction let the title appeal be disposed of within the next six months. This Court has neither gone into the merits of the appeal nor into the merits of the application. This order of

expeditious disposal enures to the benefit of all parties. Hence, service upon the opposite party is not necessary. Accordingly, the revisional application is disposed of. However, there will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)