Calcutta High CourtCO/2831/2022disposed

Ashok Kumar Das v. Asit Das And ORS

2022-11-15Hon'Ble Justice Subhasis Dasgupta2 pages

15.11.2022 Item No.21 Ct. No.7 CHC (disposed of) C.O.2831 of 2022 Ashok Kumar Das Vs.

Sri Asit Das & ors.

Mr. Sounak Bhattacharya, Mr. Sounak Mandal ...for the petitioner A direction to secure expeditious disposal of Title Suit No.184 of 2021, pending before learned Civil Judge (Senior Division), 3rd Court, at Barasat, North 24 Parganas, is the ultimate relief sought for in this case. As per submission disclosed by the learned advocate for the petitioner, petitioner has been suffering ad interim injunction order, against which certain objection has already been filed by the petitioner.

Hearing of injunction application, according to petitioner is getting delayed for the extension of the interim order being granted on one after another date. 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 parties stands dispensed with.

Accordingly, learned Civil Judge (Senior Division), 3rd Court, at Barasat, North 24 Parganas is requested to ensure expeditious disposal of injunction application under Order 39 Rule 1 and 2 of C.P.C., 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, within second week of February, 2023. This would not, however, prevent the court beow to ensure logical conclusion of the suit with utmost expedition, after adhering to formalities of law, subject to suitability and convenience of the court below. With this observation/direction, the revisional application stands disposed of.

Petitioner is directed to make communication of this order to the learned court below as well as to the opposite parties and their learned advocate in the court below.

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.)