Swapan Mondal And ORS v. Asish Debnath And ORS

24.06.2025 Item no. 18.

Court No.6.

AB C. O. 2193 of 2025 Sri Swapan Mondal & Others Vs Asish Debnath & Others Mr. Bhabani Prasad Mondal, Mr. Sukanta Mondal, Mr. Jamal Uddin .....for the Petitioners.

This application under Article 227 of the Constitution of India is at the instance of the plaintiffs for a direction upon the learned Civil Judge (Junior Division), 1st Court, Barasat to dispose of the Misc. Case No.28 of 2025 expeditiously.

The learned advocate appearing for the petitioners submits that alleging violation of an order of injunction the petitioners filed an application under Order 39 Rule 2A of the Code of Civil Procedure which is registered as Misc. Case No.28 of 2025.

He further submits that since the opposite parties are violating the order of injunction, such misc. case is required to be disposed of expeditiously. From the order-sheet appended to this revisional application, this Court finds that the miscellaneous case was filed only on April 9, 2025 and the petitioners were directed to put in the requisites and September 1, 2025 has been fixed for service return A/D and postal receipt.

It appears that the miscellaneous case is not yet ready for hearing. For such reason, this Court is not inclined to pass any direction for expeditious hearing at this stage.

The civil revision application stands disposed of with the above observation.

(Hiranmay Bhattacharyya, J.)