Aparna Kconstruction And ANR v. Sanjay Dey

09.11.2022 Item No.9 Ct. No.7 CHC (disposed of) C.O.2596 of 2022 Aparna Construction, represented by its proprietress Smt. Aparna Basu & anr.

Vs.

Shri Sanjay Dey Mr. Debdutta Raha ...for the petitioners A direction to secure expeditious disposal of a Title Suit No.1577 of 2018, pending before learned Civil Judged (Junior Division), 2nd Court, at Alipore, South 24 Parganas, is the ultimate relief sought for in this case.

Admittedly, petitioners are the defendants in a suit for declaration and injunction.

As per submission disclosed by the learned advocate for the petitioners, that pleadings are complete as regards hearing of injunction application, and petitioners/defendants have already filed written objection against the injunction application. There is no other interlocutory application pending.

No other point is raised requiring address by this Court.

In view of the nature of order proposed to be made in this case, no prior notice is considered to be necessary.

Service upon the opposite party stands dispensed with.

Accordingly, learned Civil Judge (Junior Division), 2nd Court, at Alipore, South 24 Parganas, in Title Suit No.1577 of 2018 is requested to ensure expeditious disposal of injunction application providing sufficient opportunity of hearing to either of the parties to this case, but without granting any unnecessary adjournment, unless it is extremely unavoidable, preferably before the end of February, 2023.

This would not however, prevent the court below to ensure logical conclusion of the suit at an early date after adhering to the formalities under the law. Petitioners are directed to make communication of this order to the learned court below as well as to the opposite party and his learned advocate in the court below.

With this observation/direction, the revisional application stands disposed of.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)