Ashok Kumar Mandal v. Sk Muslem Ali And ORS

28.08.2025 Ct. No.-6 D.Hira C.O. 3190 of 2025 Ashok Kumar Mandal Vs.

Sk. Muslem Ali & Ors.

Mr. Sujoy Bandopadhyay, Mr. Ashim Kumar Dubey, Mr. Jagajyoti Das.

...for the petitioner This application under Article of the Constitution of India is at the instance of the plaintiff and is directed an order No. 26 dated January 16, 2025 passed by the learned Civil Judge (Junior Division), 3rd Court, Medinipur, Paschim Medinipur in Title Suit No. 492 of 2023.

After some argument the learned advocate appearing for the petitioner submits that the application for temporary injunction is otherwise ready for hearing. He further submits that alleging violation of the ad interim order of injunction, an application under Order 39 Rule 2A of the Code of Civil Procedure has been filed by the petitioner being Judicial Miscellaneous Case No. 49 of 2024.

He further submits that the said application is also ready for hearing.

The learned advocate for the petitioner submits that a direction be passed upon the learned Judge to dispose of this temporary injunction application as well as Judicial Miscellaneous Case No. 49 of 2024 expeditiously.

In view of the order sought and proposed to be passed there is no necessity to direct issuance of any notice upon the opposite parties. However, the learned advocate for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite parties or the learned advocates representing the opposite parties before the learned Trial Judge. C.O. No. 3190 of 2025 stands disposed of by requesting the learned Civil Judge (Junior Division), 3rd Court, Medinipur, Paschim Medinipur to take up the hearing of the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure on the next date fixed and to make an endeavour to dispose of the injunction application expeditiously.

The learned Trial Judge is further requested to take up the hearing of the Judicial Miscellaneous Case No. 49 of 2024, if the same is otherwise ready for hearing and to dispose of the same as expeditiously as possible, without granting any unnecessary adjournments to either of the parties.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Hiranmay Bhattacharyya, J.)