Md Samser Alam@Samser v. Abdur Rasid@Abdur Rasid Ansari And ORS

23.02.2022 Ct. 21 D/L 117 ab C.O. 2274 of 2021 (Via Video Conference) Md. Samser Alam @ Samer -VsAbdur Rasid @ Abdur Rasid Ansari & Ors.

Mr. Mayukh Maitra, Mr. Rajesh Naskar, ... for the petitioner Mr. Mayukh Maitra, learned advocate appears for the petitioner.

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

The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the pending injunction application in connection with Title Suit No. 225 of 2014, pending before the learned Civil Judge (Junior Division) 2nd Court, Asansol, Burdwan. The learned advocate for the petitioner 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 petitioner.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the interlocutory application, 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, Asansol, Burdwan, is requested to dispose of the injunction application in connection with Title Suit No. 225 of 2014, if not yet disposed of, as expeditiously as possible and in any event, within a period of three months from the date of communication of this order, without granting any adjournment whatsoever to any of the parties.

Accordingly, the revisional application being C.O. 2274 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.)