Kanaklata Adhya v. Anupam Ash And ORS

sandip Ct. 18 10.11.2021 C.O. No. 1845 of 2021 (Via Video Conference) Smt. Kanaklata Adhya Vs.

Sri Anupam Ash & Ors.

Mr. Sovan Mukherjee ... For the petitioner. The plaintiff in a suit for declaration is the petitioner of the present application under Article 227 of the Constitution of India which is directed against the order dated September 28, 2021 passed by the Additional Court of learned Civil Judge(Junior Division) at Serampore, District - Hooghly in the said suit being Title Suit No. 362 of 2021.

An ad-interim order of injunction was passed in the said suit on an application filed by the petitioner under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure. The petitioner alleging violation of the said ad-interim order of injunction filed an application before the learned Trial Judge praying implementation of the said order by police assistance.

The learned Trial Judge by the order impugned has kept the said application on record for consideration of it after disposal of the application for injunction on contest. Learned counsel for the petitioner submits that the complexion of the said application has changed due to the occurrence of some subsequent events during the pendency of the present revisional application. The petitioner is granted liberty to bring those events to the notice of the learned Trial Judge.

C.O. 1845 of 2021 is disposed of by requesting the learned Trial Judge to dispose of the said application under Order XXXIX Rules 1 and 2 of the Code and the said application for grant of police assistance as expeditiously as possible without granting any unnecessary adjournment to either of the parties.

There shall be no 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.)