Taisif Ahmed v. Masir Ali And ANR

21.09.2023 Court No. 19 Item no.207 CP CO/2619/2023 TAUSIF AHMED VS NAZIR ALI & ANR.

Mr. Shubham Gupta Mr. Nadeem Khan ......for the petitioner.

The petitioner prays for expeditious disposal of the Title Suit No. 550 of 2021, which is pending before the learned Civil Judge (Junior Division) 1st Court, Barasat.

It is submitted that an application for injunction is pending since long. Written objection to the same has been filed. It is further submitted that the written statement along with the counter claim has also been filed.

The prayer of the petitioner is innocuous.

Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite parties.

The revisional application is disposed of with a direction upon the learned court below to dispose of the application within three months from the next date fixed. Adequate opportunity shall be granted to the parties to contest the same. Thereafter, the suit

shall be disposed of within a year from the disposal of the injunction applicaiton.

This court has not expressed any opinion on the merits of the application and the suit. The learned court shall proceed independently and in accordance with law.

A copy of the revisional application along with a server copy of this order be served upon the opposite parties and/or the learned advocate contesting the matter on behalf of the opposite parties in the learned court below, within a week. The revisional application is accordingly disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)