Calcutta High CourtCO/2119/2021disposed

Rabindra Bera v. Kartick Bera And ORS

2022-11-17Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

17.11.2022 Ct. no. 652 sb C.O. 2119 of 2021 Sri Rabindra Bera Vs.

Sri Kartick Bera & ors.

Mr. Tanmoy Basu Mr. Manoj Adak ...for the Petitioner Mr. Prosenjit Mukherjee Ms. Poulami Dutta ...for the opposite parties Being aggrieved and dissatisfied with the order no. 2 dated 2.7.2021 passed by the learned Additional District Judge, Chandannagar, Hooghly in Misc. appeal no. 7 of 2021, the present revisional application has been preferred.

The learned trial court by the impugned order was pleased to pass an ad-interim order of injunction directing both the appellants and respondent nos. 1 to 6 to maintain status quo in respect of nature, character and possession of the A,B and C schedule properties to the injunction application till 30th July, 2021. It is submitted on behalf of both the parties that subsequent passing of that injunction order, the court below is extending the ad-interim order of injunction from time to time without disposing the aforesaid Misc. appeal no. 7 of 2021. Accordingly, both the parties submit that necessary direction may be given to the court below so

that Misc. appeal no. 7 of 2021 may be disposed of within a time bound schedule as the matter is pending since long.

In view of the facts and circumstances of the case and also considering the submissions made by the parties, C.O. 2119 of 2021 is hereby disposed of with a direction upon the learned Additional District Judge, Chandannagar, Hooghly to make every endeavour for expeditious disposal of Misc. appeal no. 7 of 2021 and to conclude the proceeding preferably within a period of three months from the date of communication of the order. It is also made clear that I have not gone into the merits of the case and as such it will be open to both the parties to agitate all points before the first appellate court.

Accordingly, C.O. 2119 of 2021 is disposed of. Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Ajoy Kumar Mukherjee, J.)