Krishna Bhaumik And ANR v. Sova Pal And ORS

S/L 43 22.8.2024 Court No.19 SD

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO 2615 of 2024 Smt. Krishna Bhaumik & Anr.

Vs.

Smt. Sova Pal & Ors.

Mr. Suddhastva Banerjee Mr. Rahul Karmakar Ms. Rituparna Chatterjee Mr. Zubeen Pandey ... for the Petitioners.

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 defendant nos.3 and 10 of Title Suit No. 1312 of 2023 pending before the 1st Court of the learned Civil Judge (Senior Division) at Barasat, District : 24-Parganas (North) are the petitioners of the instant revisional application under Article 227 of the Constitution of India. The petitioners are complaining delay in disposal of the application for injunction filed by the plaintiff and the application filed by the petitioners under Order XXXIX Rule 4 of the Code of Civil Procedure for variation and/or modification of the ad interim order of injunction passed on the plaintiff's said application for injunction. The petitioners are praying a direction for expeditious disposal of the said applications. The aforementioned applications are not too old for such a direction, but an application for injunction by its nature, demands expeditious disposal and the

defendants since are suffering an ad interim order of injunction, can legitimately expect disposal of their application for variation and/or modification of the said order within a reasonable time.

The learned Trial Judge is therefore requested to make all endeavour to dispose of the said applications as expeditiously as possible in accordance with law, if they are otherwise ready for such disposal and in doing so shall not grant any unnecessary adjournment to either of the parties.

C.O. 2615 of 2024 is disposed of with the above terms without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Biswajit Basu, J.)