Sri Nimai Gorai v. Sri Kanai Gorai And ORS

01.12.2023 (D/L-20) Ct.-18 (Susanta) C.O. 2284 of 2023 Sri Nimai Gorai -Vs- Sri Kanai Gorai & Ors.

Mr. Arup Krisha Das, .... For the Petitioner.

The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties, as such, service of notice of the present application upon the said opposite parties is dispensed with.

The plaintiff in a suit for declaration of title and injunction being Title Suit No.308 of 2021 is the petitioner.

The suit is pending before the 2nd Court of learned Civil Judge (Junior Division), Asansol, District- Paschim Burdwan.

The plaintiff was favoured with an ad interim order of injunction in the suit and on September 6, 2023 he filed an application for implementation of the said order by police assistance.

Mr. Das, learned Counsel for the petitioner complains that since then the said application is pending, he prays for a direction upon the learned Trial Judge for expeditious disposal of the said application.

The nature of the application demands its expeditious disposal.

This Court is informed that January 18, 2024 is the next date fixed in the suit.

The learned Trial Judge, therefore, is requested to make all endeavour to dispose of the said application within a month from the said date fixed in doing so shall not grant any unnecessary adjournment to either of the parties. C.O. 2284 of 2023 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.)