Ratanlal Agarwal @ Sha v. Babulal Agarwal And ANR

14.09.

C.O. 2221 of 2022 With CO. 2222 of 2022 AGM /RKB Ct Ratanlal Agarwal @ Sha Vs Babulal Agarwal & Anr.

Mr. Souradipta Banerjee, Ms. Fatima Hassan, ... For the petitioner.

On the prayer of Mr. Souradipta Banerjee, learned advocate appearing for the petitioner, both these two revisional applications referred hereinabove, are taken up together for a common issue being involved.

Admittedly, Title Suit No. 767 of 2021 was filed by Mr. Banerjee's client, while Title Suit No. 864 of 2021 is filed by defendants in Title Suit No. 767 of 2021.

Without any controversy, both the suits are tried analogously.

The only contention raised by Mr. Banerjee is against delay caused in disposal of interlocutory applications, like application for injunction, receiver application and two other applications under Section 151 CPC.

No other point is raised requiring address by this Court In view of the nature of the order proposed to

be made in the case, no prior notice is considered to be necessary.

Service upon the opposite parties is thus dispensed with.

Accordingly, learned Judge, 11th Court, Alipore 13th Bench, City Civil Court, Calcutta in connection with Title Suit No. 767 of 2021 and Title Suit No. 864 of 2021 being tried analogously is requested to ensure expeditious disposal of interlocutory applications referred hereinabove, one after another, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable.

While endeavouring such exercise, application for injunction remaining pending may be disposed for first, and thereafter all other interlocutory applications may be disposed of in the light of the direction made hereinabove.

This would not, however, prevent the Court below remaining in-charge of learned Judge, 13th Bench, City Civil Court, Calcutta to take up such interlocutory applications, subject to his suitability and convenience.

Petitioner is directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the

opposite parties and the opposite parties.

With this observation and direction, revisional applications stand disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)