Somnath Mitra v. Subhankar Banerjee & ORS.

14.02.2022 Item No.44 Court No.18 AJ.

C.O. 2403 of 2019 (Through Video Conference) Somnath Mitra -Vs- Sri Shubhankar Banerjee & Ors.

Mr. Kashiswar Ghoshal.

... for the petitioner.

The plaintiff in a suit for declaration of title and injunction is the petitioner of the present application under Article 227 of the Constitution of India. The said suit being Title Suit No. 316 of 2018 is pending before the Court of the learned Civil Judge (Senior Division), Puruila.

The learned Trial Judge, by the Order No.

8 dated February 27, 2019, vacated the interim order of injunction for the failure of the plaintiff to take steps.

The plaintiff aggrieved by the said order has preferred the connected Misc. Appeal No. 10 of 2019, which is pending before the learned District Judge, Purulia.

The petitioner is praying a direction upon the appeal Court below for expeditious disposal of the said appeal.

The appeal Court below is requested to dispose of the said appeal as expeditiously as

possible in accordance with law if it is ready for such disposal.

C.O. 2403 of 2019 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.)