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Calcutta High CourtCO/2158/2022disposed

Anirudh Singh v. Kamal Devi And ORS.

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

31.10.2022 Item No.11 Ct. No.7 CHC (disposed of) C.O.2158 of 2022 Anirudh Singh Vs.

Smt. Kamal Devi & ors.

Mr. Sounak Bhattacharya, Mr. Sounak Mandal ...for the petitioner A direction to secure expeditious disposal of a suit being Title Suit No.94 of 2022, pending before the learned Civil Judge (Junior Division), 2nd Court, at Barrackpore, North 24 Parganas, is the ultimate relief sought for in this case.

Mr. Sounak Mandal, learned advocate appearing for the petitioner submits that petitioner being defendant has been suffering ad interim injunction. Being aggrieved with the order of injunction, petitioner has already filed written objection to challenge the injunction order. Since then, there has been no tangible progress in the suit resulting in serious prejudice to the valuable rights of the petitioner/defendant.

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 parties stands dispensed with.

Accordingly, learned Civil Judge (Junior Division), 2nd Court, at Barrackpore, North 24 Parganas, is requested to ensure expeditious disposal of the 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.

This would not, however, prevent the court below to ensure logical conclusion of the suit at an early date after adhering to the formalities under the law, subject to the suitability and convenience of the court below. Petitioner is directed to make communication of this order to the learned court below as well as to the opposite parties and their 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.)