Sri Sanjib Kumar Das v. Smt. Minta Devi Jaiswal And ANR.

23.09.2024 (D/L-42) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 3408 of 2024 Sri Sanjib Kumar Das -Vs- Smt Minta Devi Jaiswal & Anr.

Mr. Sabyasachi Chatterjee, Mr. Badrul Karim, Mr. Kiron Sk, Mr. Sarajit Roy, ... For the Petitioner.

The order impugned being an order under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure is appealable under Order XLIII Rule 1(r) thereof; the revisional application is therefore, not maintainable.

C.O. 3408 is dismissed as not maintainable of without any order as to costs.

Mr. Chatterjee, learned advocate for the petitioner submits that the defendant, the petitioner herein has a pending application under Order XXXIX Rule 4 of the Code; he prays for a direction for expeditious disposal of the said application.

An application for injunction by its nature demands expeditious disposal; the learned Trial Judge is therefore requested to dispose of the said application for injunction expeditiously in accordance with law without granting any

unnecessary adjournment to either of the parties, treating the application filed by the petitioner under Order XXXIX Rule 4 of the Code as an objection to the said application for injunction,. Parties to act on the server copy of this order duly downloaded from the official website of this Court.

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

(Biswajit Basu, J.)