Tarun Biswas v. Mushtari Begum And ORS.

16.10.2023 Sl. No.59(DL) srm C.O. No. 2889 of 2022 Sri Tarun Biswas

Versus

Mushtari Begum & Ors.

Ms. Manika Sarkar ...for the Petitioner.

The petitioner is the plaintiff in Title Suit No.98 of 2015, which is pending before the learned Civil Judge (Senior Division), 1st Court at Barasat, North 24-Parganas. The petitioner submits that an application for injunction is pending.

The petitioner prays for expeditious disposal of the pending application.

Considering the submissions, the Court is of the view that the prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite parties.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court below to

dispose of the application within a period of two months from the next date fixed, independently and strictly in accordance with law, upon granting adequate opportunity to the opposite parties/defendants to file their objections. Unnecessary adjournments shall not be granted to any of the parties. This Court has not gone into the merits of the application.

A copy of the revisional application along with a server copy of this order be served upon the opposite parties within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)