Gobardhan Paik v. Gobinda Paik And ORS

sandip Ct. 19 20.06.2024 In The High Court At Calcutta Civil Revisional Jurisdiction (Appellate Side) C.O. No. 2110 of 2024 Gobardhan Paik Vs.

Shri Gobinda Paik & Ors.

Md. Nurezaman, Mr. Somen Bose ....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 plaintiff in a suit for partition is the petitioner of the instant application under Article 227 of the Constitution of India. The petitioner is complaining inordinate delay in disposal of an application filed by him for mandatory injunction and is praying a direction for expeditious disposal of it.

It appears from the record that the said application was filed way back in the year 2017. An application for injunction by its nature demands early disposal.

The learned Trial Judge is therefore requested to dispose of the said application as expeditiously as possible preferably within a period of six weeks from the date of communication of this order and in doing so shall not grant any unnecessary adjournment to either of the parties.

Learned advocate for the petitioner submits that May 17, 2025 is the next date fixed for hearing of the said application.

The petitioner is granted liberty to approach the learned Trial Judge for preponing the said date.

C.O. 2110 of 2024 is disposed of with the above terms without any order as to costs.

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

(Biswajit Basu, J.)