Ashok Banerjee And ANR v. Laksi Banerjee And ANR

28.09.

AGM C.O. 2991 of 2022 Ashok Banerjee & Anr Vs Smt Laksi Banerjee & Anr.

Mr. Debojoyti Basu, Ms. Nabanita Chatterjee, ... For the petitioners.

A direction to secure expeditious disposal of RKB Ct injunction application filed in Title Suit No. 64 of 2019 pending before the learned Civil Judge (Junior Division), 2nd Court, Barackpore, is the ultimate relief sought for in this case.

Admittedly, petitioners have been suffering injunction order.

The only contention expressed by the petitioners is that due to the extension of the interim order of injunction, the Centrally sponsored project has been stalled.

It is also submitted that another application under 151 CPC for modification of the interim order of injunction, already granted by the trial Court, has already been filed, but the same has not yet been disposed of, causing serious prejudice to the Centrally sponsored project, run by the petitioners. In view of the nature of the order proposed to be made in the case, no prior notice is considered to be necessary.

Service upon the opposite parties is thus

dispensed with.

Accordingly, learned Civil Judge (Junior Division), 2nd Court, Barackpore in Title Suit No. 64 of 2019 is requested to ensure expeditious disposal of injunction application under Order 39 Rules 1 and 2 the connected application under Section 151 of CPC, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable.

While endeavouring such exercise, the injunction application together with connected application under Section 151 CPC may be disposed of expeditiously as possible, preferably before the end of December 2022.

Petitioners are directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite parties and the opposite parties. With this observation and direction, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)