Md. Safikul Alam And ORS v. Md. Hasan Ali And ORS

20.02.2025 C.O. 3859 of 2024 43.

Ct.237. Md. Safikul Alam & Ors. Bd. -Vs- Md. Hasan Ali & Ors.

Mr. Amitava Raha ...for the Petitioners. Leave is granted to the petitioners to amend the prayer portion of the application.

Mr. Raha, learned counsel appearing on behalf of the petitioners submits that the contempt application under Order 39 Rule 2A of CPC which has been registered as Misc. Case No. 11 of 2019 arising out of Title Suit No. 19 of 2016 is pending for a long time before the court below and a direction may be passed for expeditious disposal of the said Misc. case.

Since the prayer made on behalf of the petitioners is innocuous and if any order is passed in terms of aforesaid prayer made by the petitioners, opposite parties will have no cause to prejudice, the service of copy of application along with notice upon the opposite parties are dispensed with.

Having heard learned counsel appearing on behalf of the petitioners and that the prayer made herein is justified in the facts and circumstances of

the case and is required to be allowed for the ends of justice, C.O. 3859 of 2024 is hereby disposed of with a direction upon the court below for making his best endeavour to dispose of the Misc. Case No. 11 of 2019 arising out of Title Suit No. 19 of 2016 as expeditiously as possible without granting any unnecessary adjournment to either side and to conclude the entire proceeding of the said Misc. Case preferably within a period of six months from the date of communication of this order.

Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)