Janmbhumi Buildcon Llp And ORS v. Sajahan Mondal And ORS

10.12.2024 Item No.

AD 3 Saswata C.O. 2926 of 2024 Janmbhumi Buildcon LLP & Ors.

versus Sajahan Mondal & Ors.

Mr. Siddhartha Banerjee Mr. Rahul Karmakar Mr. Abhishek Baran Das Ms. Srijani Chongdar ...For the defendants / petitioners Mr. Dilip Kumar Shyamal ...For the plaintiffs/opposite parties 1.

Affidavit of service filed in Court today is retained with the record.

2.

Mr. Banerjee, learned advocate appearing for the defendants/petitioners at the time of hearing would submit that he wishes to restrict the prayers in the instant revisional application for seeking expeditious disposal of the injunction application filed by the plaintiffs/opposite parties on 8th March 2021 before the Court of Learned Civil Judge (Senior Division), 2nd Court, Baruipur, 24 Parganas (South) in Title Suit no. 146 of 2021. He submits that the pleadings in the aforesaid injunction application are already complete. An application for vacating of the interim order under the provisions of Order XXXIX Rule 4 of the Code of Civil Procedure has been filed. The pleadings thereof are also complete. He would also submit that Miscellaneous Appeal No. 22 of 2024 filed by the petitioners from the order dated 10th March, 2021 has already been withdrawn. 3.

Mr. Shyamal, learned advocate appearing for the plaintiffs/opposite parties does not oppose to the prayer for expeditious disposal of the injunction application. 4.

Having heard the learned advocates appearing for the respective parties and having considered the materials on record and noting that the injunction application is pending since March

2021, I am of the view that the aforesaid injunction application along with the vacating application under Order XXXIX Rule 4 of the Code of Civil Procedure filed by the defendants/petitioners should be disposed of as expeditiously as possible, preferably within a period of two months from the date of communication of this order without granting unnecessary adjournments to any of the parties.

5.

With the above observations and directions, the revisional application being C.O. no. 2926 of 2024 is disposed of. 6.

All parties shall act on the basis of the server copy of this order duly downloaded from this Court's official website. (Raja Basu Chowdhury, J.)