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Calcutta High CourtCO/2125/2022disposed

Dhirendra Nath Sardar And ANR v. Indranath Kundu

2022-10-31Hon'Ble Justice Subhasis Dasgupta2 pages

31.10.2022 Item No.17 Ct. No.7 CHC (disposed of) C.O.2125 of 2022 Dhirendra Nath Sardar & anr.

Vs.

Indranath Kundu Mr. Ashirbad Sarkar ...for the petitioners A direction to secure expeditious disposal of Title Suit No.74 of 2019, pending before the learned Civil Judge (Junior Division), 6th Court, Alipore, South 24 Parganas, is the ultimate relief sought for in this case. As per submission disclosed by the learned advocate for the petitioners, that injunction application has not yet been finally disposed of. There is only one defendant now contesting the suit.

Another amendment application is also found pending, filed at the instance of the petitioners/plaintiffs.

The only contention thus expressed by the petitioners is against the delay caused in the disposal of the suit.

No other point is raised requiring address by this Court.

In view of the nature of order proposed to be made in this case, no prior notice is considered to be necessary.

Service upon the opposite party stands dispensed with.

Accordingly, learned Civil Judge (Junior Division), 6th Court, at Alipore, South 24 Parganas, is requested to ensure expeditious disposal of injunction application, providing sufficient opportunity of hearing to either of the parties to this case, but without granting any unnecessary adjournment, unless it is extremely unavoidable.

While endeavouring such exercise, the written objection, if not filed against the injunction application may be allowed to be filed in the meantime by the opposite party so that the injunction application may be disposed of in an expeditious manner, preferably within a period of twelve (12) weeks from the date of communication of this order.

Petitioners are directed to make communication of this order to the learned court below as well as to the opposite party and his learned advocate in the court below.

With this observation/direction, the revisional application stands disposed of.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)