Bula Paul And ORS v. Birati United Club And ORS

Item 17.01.

IN THE HIGH COURT AT CALCUTTA

No.

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE Ct CO 2565 of 2023 Bula Paul & Ors.

rup Vs Birati United Club & Ors.

Mr. Debjit Mukherjee, Mrs. Susmita Chatterjee, Mr. S. M. Majumdar, Mr. Kaustav Bhattacharya, Ms. Priynaka Jana.

... for the petitioners.

Mr. Dyutiman Banerjee. for the opposite parties.

1. Both the learned counsel appearing on behalf of the parties to this revisional application are present.

2. Challenge is the order dated 05.07.2023 passed in connection with Miscellaneous Appeal No. 75 of 2023, wherein Learned Additional District Judge (Fast Track), 4th Court, Barrackpore, North 24Parganas promulgated an order of status quo in respect of subject property.

3. From the records, it appears that Miscellaneous Appeal has been preferred by the plaintiff being aggrieved by an order passed by the learned Trial Court dated 19th June, 2023, wherein, Learned Civil Judge (Senior Division), 3rd Court, Barasat

refused the prayer for interim injunction.

4. However, learned counsel appearing on behalf of the petitioners has submitted that interim order passed by the Appellate Court has further extended and in the meantime written objection against the injunction application has already been filed on behalf of the petitioners.

5. Accordingly, learned counsel appearing on behalf of the petitioners has prayed for disposal of this revisional application with a direction upon the learned Appellate Court to dispose of the Miscellaneous Appeal No. 75 of 2023, which is ready for hearing, within a specified time.

6. Learned counsel appearing on behalf of the opposite parties/plaintiffs does not stand in the way.

7. Considering all facts and circumstances, the revisional application stands disposed of with a direction upon the Learned Additional District Judge (Fast Track), 4th Court, Barrackpore, North 24-Parganas to dispose of the injunction application i.e Miscellaneous Appeal No. 75 of 2023 within the next date fixed.

8. With the aforesaid observation, the revisional application stands disposed of.

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

undertakings.

10.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Bibhas Ranjan De, J.)