Sumitra Banerjee v. Sunanda Palodhy

31.07.2023 Court No. 19 Item No.45 CP C.O. 2022 of 2023 Smt. Sumitra Banerjee Vs.

Smt. Sunanda Palodhy Mr. Jaharlal Roy ...for the Petitioner.

The petitioner/plaintiff no.2 prays for expeditious disposal of the application for temporary injunction filed in connection with Title Suit No. 1273 of 2022, which is pending before the learned Civil Judge (Senior Division), 8th Court at Alipore,. The prayer of the petitioner is innocuous.

Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

The revisional application is disposed of with a direction upon learned court below to dispose of the application within a period of two months from the next date fixed, upon granting adequate opportunity to the parties to contest the same.

This court has not expressed any opinion on the merits of the application. The learned court shall proceed independently and in accordance with law.

A copy of the revisional application along with a server copy of this order be served upon the opposite party and/or the learned advocates contesting the matter on behalf of the opposite party in the learned court below, within a week.

The revisional application is accordingly disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)