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Calcutta High CourtCO/3518/2025disposed

Sharmistha Sengupta v. Gouri Sengupta (Chakraborty) And ORS.

2025-09-24Hon'Ble Justice Hiranmay Bhattacharyya2 pages

Sl.29 24.09.2025 Court No.6 BP C.O. 3518 of 2025 Sharmistha Sengupta -versusGouri Sengupta (Chakraborty) & Ors.

Mr. Saurabh Guhathakurata Mr. Surajit Dutta Mr. P.P. Das ... for the petitioner This application under Article 227 of the Constitution of India is at the instance of the 8th defendant and is directed against an order being no.1 dated 31st July, 2025 passed by the learned Civil Judge (Senior Division), 2nd Court at Asansol, Paschim Bardhaman in Misc. Appeal No. 30 of 2025. By the order impugned the prayer for stay of operation of the order of injunction passed by the learned trial judge stood rejected.

The learned judge of the appellate court was right in rejecting the prayer for stay as the same, if allowed, would amount to granting the final relief in the miscellaneous appeal at the stage of admission. Faced with such situation, the learned advocate appearing for the petitioner submits that a direction be passed upon the learned judge of the appellate court to dispose of the miscellaneous appeal expeditiously.

In the light of the submissions made by the learned advocate for the petitioner, C.O. 3518 of 2025 stands disposed of by requesting the learned Civil Judge (Senior Division), 2nd Court at Asansol, Paschim Bardhaman to make an endeavour to dispose of the Misc. Appeal No. 30 of 2025 as expeditiously as possible without granting any unnecessary adjournments to either of the parties. The petitioner is directed 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 judge of the appellate court.

There shall be however no order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)