Nityananda Aich And ORS v. Gopal Chakraborty

20.01.2022 Ct. 21 D/L 24 ab C.O. 2181 of 2021 (Via Video Conference) Nityananda Aich & Ors.

-VsGopal Chakraborty & Anr.

Mr. Kushal Chatterjee, Mr. Abir Lal Chakravarti, ... for the petitioners Mr. Kushal Chatterjee, learned advocate appears for the petitioners.

Record shows that the notice of this application has not been served on the opposite parties.

The petitioners by filing the present application under Article 227 of the Constitution of India have prayed for expeditious disposal of the application under Section 151 of the Code of Civil Procedure and the injunction application under Order 39 Rules 1 & 2 of the Code of Civil Procedure in connection with Title Suit No. 8 of 2021, pending before the learned Civil Judge (Junior Division), 2nd Court, In-charge, Barrackpore, North 24 Parganas.

The learned advocate for the petitioners submits that the learned Court below has been granting unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioners.

Having regard to the nature of relief claimed by the petitioners, being a prayer for expeditious disposal of the interlocutory applications, I do not find any need

to serve notice of the present application on the opposite parties and it is not likely to cause any prejudice to the interest of the opposite parties. Therefore, service of notice upon the opposite parties is dispensed with.

The learned Civil Judge (Junior Division), 2nd Court, In-charge, Barrackpore, North 24 Parganas, is requested to dispose of the application under Section 151 of the Code of Civil Procedure and the injunction application under Order 39 Rules 1 & 2 of the Code of Civil Procedure in connection with Title Suit No. 8 of 2021, as expeditiously as possible and in any event, within a period of one month from the date of communication of this order, without granting any unnecessary adjournment to either of the parties. Accordingly, the revisional application being C.O. 2181 of 2021 is disposed of.

There shall be no order as to costs.

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

( Kesang Doma Bhutia, J.)