M/S North Eastern Engineering v. Nishat Ara Begum And ORS.

28.07.2025 Item no. 21.

Court No.6.

AB C. O. 2650 of 2025 M/s. North Eastern Engineering Company Vs Nishat Ara Begum & Others Mr. Shourjyo Mukherjee, Mr. Vishwarup Acharyya, Ms. Anindita Chattopadhyay .....for the Petitioner.

This application under Article 227 of the Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Jr. Division), 1st Additional Court, Alipore to dispose of the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure and the application under Section 151 of the Code of Civil Procedure praying for mandatory injunction in Title Suit No.1961 of 2024 expeditiously.

The learned advocate for the petitioner submits that during the pendency of the suit, the petitioner has been forcibly dispossessed from the suit property. He submits that the application for temporary injunction and the application under Section 151 of the Code of Civil Procedure for mandatory injunction are otherwise ready for hearing. He further submits that August 4, 2025 has been fixed for hearing of the aforesaid applications.

In view of the order sought and proposed to be passed, there is no necessity to issue notice upon the opposite parties. However, the learned advocate appearing for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite parties or upon the learned advocates representing them before the learned Trial Court. In the light of the submission made by the learned advocate for the petitioner, C.O. No.2650 of 2025 is disposed of by requesting the learned Civil Judge (Junior Division), 1st Additional Court, Alipore to take up the hearing of the aforesaid applications on the next date fixed, if the same is otherwise ready for hearing, and to make an endeavour to dispose of the same as expeditiously as possible without granting any unnecessary adjournment to either of the parties. (Hiranmay Bhattacharyya, J.)